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12.11.25

AI and Employment Law: Time to Update Your HR ‘To Do’ List?

Wed, 12 Nov 2025 14:35:15 GMT

AI and Employment Law: Time to Update Your HR ‘To Do’ List?

AI presents enormous opportunities for organisations ready to embrace it but it also raises significant legal and ethical challenges, particularly around how employees are managed, assessed, and supported.

There are currently no specific UK laws designed solely to regulate the use of AI in the workplace. Instead, employers must navigate existing employment and data protection laws many of which were drafted long before AI became part of daily working life. This creates uncertainty and places a greater responsibility on employers to act ethically and transparently.

Below are six key areas employers and HR leaders should consider when assessing the impact of AI on their workforce.

1. Fairness and Bias in AI-Driven Decisions

AI is increasingly used in recruitment, performance reviews, and other HR processes. While it promises to make decisions more data-driven and objective, experience shows that AI systems can unintentionally replicate or even amplify bias — sometimes despite built-in safeguards.

If AI produces a discriminatory outcome, it’s ultimately the employer, not the technology provider, who faces legal liability. Beyond legal risk, biased algorithms can also damage reputation and trust amongst the workforce.

Employers should maintain robust oversight over AI tools used in HR decisions. Regular audits, human review mechanisms, and the ability for employees to appeal decisions can all help ensure fairness and compliance with equality law.

2. Building Trust Through Transparency

AI will only succeed in the workplace if employees trust how it is used. That trust can quickly erode if staff don’t understand how AI influences decisions about recruitment, performance, or promotion.

Employers should be open about how AI tools are used and ensure accountability for AI-led decisions. Developing a clear AI policy that explains the purpose, scope, and safeguards of AI use in HR is essential for transparency and engagement.

3. Managing Data Responsibly

AI relies on large volumes of data often including personal or sensitive employee information. Employers must ensure that the collection and use of this data complies with data protection laws such as the UK GDPR.

Review your data protection policies, employee privacy notices, and data-sharing agreements to confirm that the use of data for AI purposes is lawful and transparent. Where AI systems are supplied by third parties, check the contract terms carefully to prevent data being used for other clients or unintended purposes.

4. Preparing for Workforce Change

One of the most visible impacts of AI is job automation. As AI takes over certain functions, some roles may diminish or disappear altogether.

Employers should plan ahead by investing in upskilling and reskilling initiatives to help employees adapt to new technologies. At the same time, consider how automation affects talent pipelines if entry-level roles are reduced, organisations will need new ways to develop future leaders.

5. Rethinking Employment Relationships

AI may also prompt fresh questions about what it means to be an “employee.” As more tasks are automated or performed collaboratively between humans and machines, traditional definitions of “personal service” may evolve.

In parallel, the growth of the gig economy and flexible work models could accelerate if workers increasingly manage or interact with AI systems across multiple employers.

Monitor how employment case law develops and be ready to adapt contracts, policies, and engagement models to reflect the changing nature of work.

6. Embedding Ethics in AI Use

Until there is formal regulation, employers must develop their own principles for the responsible use of AI. This means not only asking whether a particular use of AI is legally permissible, but also whether it is fair and consistent with the organisation’s values.

Is it appropriate to use AI for this specific task (e.g. recruitment, disciplinaries, or performance reviews)?
Does the use of AI respect employee dignity and align with our ethical principles?
Are our existing policies and procedures sufficient, or do they need updating to reflect AI use?

Balancing Innovation with Integrity

AI will undoubtedly change the world of work but how it does so depends on the choices employers make now. By combining innovation with fairness, transparency, and ethical leadership, businesses can use AI to enhance rather than undermine trust in the workplace.

Now is the time for HR leaders and employers to review their policies, update their training, and ensure they are ready for the new world of work shaped by AI.

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Article by

Yeing-Lang Chong
Partner

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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11.11.25

Government doubles acas Early Conciliation from six to twelve weeks. Is this good news? If so, who benefits?

Tue, 11 Nov 2025 14:11:34 GMT

Government doubles acas Early Conciliation from six to twelve weeks. Is this good news? If so, who benefits?

With effect from 1 December 2025, the acas Early Conciliation period will be extended from a maximum of six to twelve weeks.

This will give employers and employees more time to negotiate a settlement without recourse to legal proceedings. Sounds good, doesn’t it? But who benefits really, and who is more likely to be disadvantaged?

The process

At present an employee (or former employee) must apply for acas Early Conciliation ( acas EC ) before the original time limit expires relating to their claim e.g. unfair dismissal or unlawful discrimination. The primary time limit for many employment claims is three months less one day from the effective date of dismissal or the date of the act complained of.

Upon application for acas EC, an employee can simply (i) request the acas EC certificate or (ii) confirm to acas EC that they wish to engage in settlement negotiations. If the latter, the acas EC officer will contact the employer. If the employer wishes to engage in settlement negotiations, acas EC will continue for a maximum of currently six weeks (soon to be twelve weeks) from the date of application during which time the acas EC officer helps the parties to negotiate a resolution. If no resolution is agreed by the end of the current six-week (soon to be twelve-week) period, or earlier, at any time the employer or employee indicate they do not wish to continue with negotiations, acas EC will issue the acas Early Conciliation certificate.

After the acas EC certificate is issued, the employee, using the acas EC certificate number, will have a short, extended period within which to submit their employment tribunal claim. Often, the period is one month from the date of the acas EC certificate but it can be shorter or longer. There is a lot of case law surrounding acas EC and time limits, relating to both the date of applying for acas Early Conciliation (particularly where there are multiple claims and/or ongoing conduct) and the date the acas EC certificate is issued.

Who benefits?

Currently the acas Early Conciliation service is swamped and cannot deal with the volume of applications promptly. It can take weeks for an acas EC officer to contact both parties, leaving little practical time to negotiate before the six-week period expires. The result may be no resolution, a settlement that does not reflect the merits of the potential claims, and another tribunal claim being launched. The extension to a twelve-week period may relieve pressure on the acas Early Conciliation Service and the Tribunals, which are also swamped and suffering from a significant backlog and delays.

Whilst in theory a twelve-week period will leave some more time for negotiation, in reality it could simply delay redress for the employee, especially if the employer chooses to delay. The employer may choose to wait in the hope that the employee secures new employment, which will reduce the amount of any compensation and settlement or even result in no settlement. Once an employee secures alternative employment there may be less need or appetite to pursue legal proceedings.

In reality, it may take weeks still for acas EC to contact both the employer and employee, at least in the short-term. As is currently the case, an employer may not be aware of the application for several weeks.

What can an employee do about it ?

Employees should bear in mind that twelve weeks is the maximum time for acas Early Conciliation. If the employee feels that the employer is delaying, the employee has the option of requesting the acas Early Conciliation certificate at any time. The certificate triggers the time limit clock ticking again, giving a small window before the need to launch a claim in the employment tribunals. Reactivation of the time limit clock may encourage the employer to engage in meaningful settlement negotiations. Alternatively, to make the most out of acas EC, the employee should keep up clear and regular communications with acas EC.

What can an employer do about it?

Whilst the twelve-week period will provide the employer with more time to take instructions from its decision makers, the benefits of an early settlement include reduction in management time, and the advantage of other timely contractual obligations from the employee. On the other hand, a delay may be advantageous for the reasons cited above under Who Benefits?

What can/will the Government do about it?

An employer and employee should already have a good idea about the claim and will have seen much of the evidence each party seeks to rely upon due to the requirement to undertake a grievance, disciplinary, redundancy or performance, or capability process (see the acas Code of Practice on Disciplinary and Grievance procedures). As an alternative to keeping the twelve-week acas EC period, how about the employer being notified automatically about the acas EC application as soon as it is made? The employer will have an opportunity (and incentive) to be more prepared once acas EC gets in touch to understand its position and can choose to start a negotiation process at any point from notification. A mechanism may need to be put in place to avoid an employee simply requesting the certificate, perhaps to the point that the acas EC officer has an initial discussion with the employee. Such step(s), I would suggest will avoid the risk of delay in resolution and place the parties on a more equal footing.

The Government will review how the extended period is working in October 2026?

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Article by

Louise Maynard
Partner

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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11.11.25

The Misuse of NDAs: What the Latest Reforms Mean for Employees

Wed, 29 Oct 2025 11:37:32 GMT

The Misuse of NDAs: What the Latest Reforms Mean for Employees

Non-disclosure agreements (NDAs), under which employees promise to keep quiet, have long been used in employment contracts and settlement agreements to protect an employer’s business and maintain confidentiality when workplace disputes are resolved. However, growing concern about the misuse of NDAs to silence victims of harassment, discrimination, or criminal conduct has led to significant legal reform to protect employees.

The issue of NDAs originally surfaced following infamous Harvey Weinstein cases. This issue has resurfaced after claims that NDAs were used to prevent victims of the late Harrods boss, Mohamed Al Fayed, from speaking out, prompting renewed public and political focus on tightening the law.

Latest Government Action on NDAs

On 21 October 2025, the Government announced plans to expand the ban on NDAs for victims of crime under section 17 of the Victims and Prisoners Act 2024.

Currently, section 17 provides that any NDA signed after 1 October 2025 is void to the extent that it prevents a victim of crime (or a person who reasonably believes they are a victim of crime) from disclosing details of criminal conduct to certain specified persons for specific purposes, such as:

Reporting to the police or law enforcement;
Seeking advice from a qualified lawyer; or
Contacting victim support services in relation to criminal conduct.

However, disclosures such as discrimination that falls short of criminal conduct made to other individuals or for purposes not specified in the legislation are currently not protected and may still be restricted by an NDA.

The Government has now proposed to expand section 17 through an amendment to the Victims and Courts Bill, which began its House of Commons Report Stage on 27 October 2025. If passed, the amendment will remove the current restrictions on who victims can speak to or why, meaning an NDA will no longer be enforceable if it prevents a victim from making an allegation or disclosure about criminal conduct, regardless of the recipient or purpose.

The revised section 17 will not apply to certain “excepted agreements”, to be defined in secondary legislation. The implementation date for these amendments has not yet been confirmed.

In the meantime, the Government has confirmed that the draft Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025, which will expand the list of permitted persons under the existing version of section 17, will be debated “shortly”.

Parallel Developments in Employment Law

At the same time, a separate piece of legislation, the Employment Rights Bill 2024-25, will make similar changes specifically for the workplace.

Importantly, under the Bill, any provision in a settlement agreement, employment contract, or other NDA will be void if it attempts to prevent a worker from making an allegation or disclosure about work-related harassment or discrimination that falls short of criminal conduct but is nevertheless unlawful.

This means:

NDAs can no longer be used to silence employees who have experienced harassment, discrimination, or other unlawful behaviour at work;
Employees remain free to speak about their experiences to colleagues, advisers, or law enforcement without fear of breaching confidentiality;
NDAs will still have a legitimate role in protecting trade secrets or commercially sensitive information, but their use will be much more limited and tightly regulated or making other damaging statements about an employer’s business.

The Victims and Courts Bill reform applies to everyone, while the Employment Rights Bill reform is specific to the workplace. Together, they form part of a broader government strategy to end the use of NDAs to suppress allegations of misconduct.

What This Means for Employees

For employees, these changes provide stronger protection and greater clarity. Workers who have suffered discrimination, harassment, or other unlawful treatment will be able to report their experiences freely, even if they have signed an NDA or settlement agreement.

This is expected to:

Encourage reporting of workplace misconduct;
Promote a more open and accountable organisational culture;
Ensure NDAs are used only for legitimate purposes; and
Avoid exploitation by offering large sums of money to keep quiet

Next Steps

Employees should always seek independent legal advice before signing an NDA, and indeed must do before signing a settlement agreement.

As specialist employment solicitors, we can advise employees who have been asked to sign a settlement agreement or non-disclosure agreement that require the employee to sign up to promises of confidentiality and not to make damaging statements about the employer or its directors and employees, ensuring they fully understand their rights. We can review the terms of any NDA, explain whether it is enforceable, and advise on what can and cannot lawfully be kept confidential. These forthcoming changes are an important step towards greater transparency and protection for employees, and we are here to help clients navigate them confidently and secure fair outcomes.

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Article by

Sally Eastwood
Senior Associate

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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27.10.25

How to Write an Effective Grievance Letter

Fri, 26 Sep 2025 10:28:02 GMT

If you're facing a problem at work, whether it's bullying, discrimination, unfair treatment, or a breach of contract, writing a grievance letter can be a powerful first step to protect your position and hopefully resolve the situation. However, not all grievance letters are created equal. A well-crafted letter can prompt meaningful action, while a vague or emotional one may be ignored or mishandled.

Here’s how to write a strong grievance letter.

Step 1: Understand What a Grievance Is

A grievance is a formal complaint raised by an employee about a workplace issue. It could relate to:

Bullying or harassment
Discrimination
Unfair disciplinary action
Unsafe working conditions
Breach of contract or policies

Before writing, check your employer’s grievance procedure, which is usually found in the staff handbook or HR portal. If you cannot find it, ask someone in HR.

Step 2: Structure Your Letter Clearly

A well-structured grievance letter should include:

1. Your Details Include your full name, job title, department, employee number (if applicable) and the date.

2. Subject Line E.g., Formal Grievance Regarding Harassment by Line Manager

3. Introduction State that you are raising a formal grievance and briefly outline the issue.

“I am writing to raise a formal grievance concerning repeated incidents of harassment by my line manager, which I believe breach both company policy and my rights under the Equality Act 2010.”

4. Detailed Description Provide a factual, chronological account of what happened:

Dates, times, and locations
Full names and job titles of individuals involved
Specific incidents and behaviours
Any witnesses
Some sections might be background information to put the situation into context and others might be specific grievances you wish to be investigated – make sure you label them accordingly
If you have already taken informal steps to try and resolve the situation prior to raising a formal grievance, you should include these
If you have several grievances, you might want to provide a numbered list or subheadings to clearly set out each one.

Avoid emotional language - stick to facts.

5. Impact Explain how the issue has affected you:

Your mental or physical health – describe symptoms
Your ability to do your job
Your relationship with colleagues

6. Evidence Mention any evidence in support:

Emails, messages, screenshots
Medical reports
List any witnesses that should be interviewed as part of the investigation including their full name and job title and ideally which issues they might be able to provide information in relation to

Attach copies as enclosures to your grievance letter if possible.

7. Resolution Sought Be clear about what you would like as an outcome, such as:

What steps will specifically resolve the situation for you? Set these out
A fair investigation
Apology
Mediation
Disciplinary action
Policy changes

8. Closing End professionally:

“I look forward to your response as soon as possible and am happy to provide further information if needed.”

Sign off with your name and contact details and set out your preferred way to be contacted going forward.

Tips for Success

Stay professional: Avoid sarcasm, threats, or emotional outbursts.
Be specific: Vague complaints are harder to act on.
Stick to facts: Emotional language can undermine your credibility.
Follow procedure: Submit your letter to the correct person and keep a copy. Follow up if you don’t receive a response within a reasonable period of time

When to Seek Legal Advice

If you need help with drafting your grievance or navigating any stage of the grievance process, it’s sensible to seek legal advice. Where your grievance raises serious issues such as discrimination, whistleblowing, or potential constructive dismissal, obtaining advice from an employment solicitor at an early stage is particularly important. We can provide bespoke assistance with drafting your grievance to ensure it is clear, comprehensive, and persuasive. As solicitors, we can also advise you on the potential merits and value of any legal claims you may have. Early advice is key, as how you frame and handle your grievance may affect the strength of any future claims, and there are strict deadlines for bringing them.

Final Thought

A grievance letter is more than just a complaint - it’s a strategic tool. When written clearly, calmly, and with purpose, it can protect your legal position and prompt meaningful change, depending on how your employer responds. In cases where the working relationship has broken down beyond repair and you wish to leave your employment, submitting a grievance can also lay the groundwork for a negotiated departure. This may involve making a without prejudice offer to settle, allowing both parties to agree an amicable exit from your employment without escalating to bringing a claim in the Employment Tribunal.

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Article by

Sally Eastwood
Senior Associate

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

26.09.25

Examples of pay outs for constructive dismissal

Tue, 13 May 2025 10:35:39 GMT

Constructive dismissal compensation: Your guide to payouts in England and Wales

Understand your rights and claim constructive dismissal compensation

Facing unbearable working conditions that force you to resign? You may be eligible for constructive dismissal compensation under the employment laws of England and Wales. This guide explains how to claim constructive dismissal, eligibility criteria, and how dismissal payouts are calculated . Springhouse Solicitors , experts in employment law, provide clear insights to help you navigate this complex process. Read on to understand your rights, potential awards, and key steps to secure fair compensation.

What is constructive dismissal?

Constructive dismissal occurs when an employer’s serious breach of contract leaves you no choice but to resign. Examples include:

Unpaid wages or sudden demotion
Bullying , harassment , or unsafe working conditions
Unreasonable changes to your role or hours
Action which fundamentally breaches the implied term of trust and confidence

To claim constructive dismissal , you must prove the breach was significant and that you resigned in response. Acting quickly is crucial, as delaying may imply you’ve accepted the breach.

Who can claim constructive dismissal?

Eligibility Criteria

Most employees need two years’ continuous service to claim constructive dismissal, per the Employment Rights Act 1996. However, exceptions apply for automatically unfair reasons, where no service period is required:

Whistleblowing
Discrimination (e.g., based on race, gender, disability, pregnancy, maternity)
Raising health and safety issues

Employees with both less or more than two years’ service may still claim wrongful dismissal ; a claim for breach of contract covering unpaid notice.

How much Is constructive dismissal compensation?

Constructive dismissal payouts in England and Wales consist of two main components: the basic award and the compensatory award. Here’s how they work:

1. Basic Award

This is a statutory award based on your age, weekly pay, and years of service:

Under 22: 0.5 week’s pay per year of service
22–40: 1 week’s pay per year
41 and over: 1.5 weeks’ pay per year

As of 2025, weekly pay is capped at £71900, and service is limited to 20 years. The maximum basic award is £21,570.

Example: A 35-year-old with 5 years’ service and £600 weekly pay would receive: 5 years × 1 week × £600 = £3,000.

2. Compensatory Award

This covers financial losses, such as:

Lost wages and benefits (e.g., pension, health insurance)
Future loss of earnings (if you struggle to find new work)

The compensatory award is capped at £118,223 or 52 weeks’ gross salary (whichever is lower, as of 2025). If your claim is for an automatically unfair reason (see above), then there is no cap on the compensatory award.

Example: If you earn £70,000 a year and are out of work for three months, and then accept a lower-paying job, the tribunal may award your full loss for three months and then the difference in pay between the two jobs for a further period.

Other Considerations

Mitigation: When seeking compensation from an employment tribunal, you must mitigate your losses by actively seeking new employment, as tribunals will reduce awards of compensation if you don’t comply with this duty.
Polkey Deduction : If a tribunal believes dismissal would have occurred in any event even with fair procedures having been followed, your award may be reduced (e.g., by 50% or more).
Offset Payments: Redundancy or notice pay received may reduce your award.
Contributory fault: If the tribunal finds you were partly to blame for your dismissal, it can reduce the award on a percentage basis for this reason too.

How to Claim Constructive Dismissal

Claiming constructive dismissal compensation is complex and requires careful steps, for example, have you:

Raised a grievance: Documenting the breach formally with your employer.
Resigned promptly: Delay may weaken your claim. Consider working “under protest” while reserving your rights.
Resigned because of the breach; your resignation letter should be clear and unequivocal as to why you have resigned.
Triggered ACAS Early Conciliation: This is a mandatory step before filing a tribunal claim. ACAS mediates to resolve disputes without litigation and has strict time limits.
Filed a tribunal claim: These generally need to be submitted within three months less one day from your last day of employment. Extensions may apply with ACAS conciliation.

Given the evidential burden and that most claims for constructive dismissal fail, as early as possible, you should consult an employment law solicitor to strengthen your case. Springhouse Solicitors can assess your claim and guide you through the process.

Challenges of Constructive Dismissal Claims

Winning a constructive dismissal case is tough. You must prove:

A serious breach of contract occurred
The breach caused your resignation
You acted reasonably in resigning

Resigning is often without notice so also means immediate loss of income, and tribunal cases can take many months (sometimes years) to be resolved. Legal fees are rarely recoverable, so you need to weigh the financial risks carefully. A solicitor can help evaluate your chances of success.

Why Choose Springhouse Solicitors?

Navigating employment law requires expertise. Springhouse Solicitors offers:

Decades of experience in constructive dismissal claims
Tailored advice on how to claim constructive dismissal
Transparent guidance on costs and risks

Frequently Asked Questions

How long do I have to claim constructive dismissal?

You must submit the claim within three months less one day from your last day of employment, although ACAS conciliation may extend this.

Can I claim if I have less than two years’ service?

Yes, for automatically unfair reasons (e.g., whistleblowing, discrimination) or wrongful dismissal (notice period).

What’s the maximum payout for constructive dismissal?

Up to £21,570 (basic award) plus £118,223 (compensatory award), as of April 2025, depending on losses and caps.

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to unfair and constructive dismissal and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

11.05.25

Understanding and Negotiating Settlement Agreements: A Guide for Employees

Tue, 06 May 2025 12:57:15 GMT

Understanding and Negotiating Settlement Agreements: A Guide for Employees

Settlement agreements have become a cornerstone for resolving workplace disputes or concluding employment relationships amicably. As their usage rises in 2025, understanding how to navigate these agreements is essential for employees facing redundancy , performance issues, or other workplace challenges. This guide provides a comprehensive overview of what settlement agreements are, their benefits, and practical strategies for negotiating favourable terms, empowering employees to protect their employee rights and secure their financial future.

What is a Settlement Agreement?

A settlement agreement is a legally binding contract between an employer and an employee, designed to resolve disputes or facilitate an amicable exit from employment. In exchange for waiving the right to pursue legal claims, employees typically receive benefits such as financial compensation, a reference, or other agreed terms. Under UK employment law, a settlement agreement must meet specific criteria to be valid:

Be documented in writing and pertain to specific complaints or proceedings.
Involve independent legal advice from a qualified professional, such as a solicitor or certified trade union representative, whose advice is covered by insurance.
Clearly identify the advisor within the agreement.
These requirements ensure employees fully understand the terms, safeguarding their rights and promoting transparency in dispute resolution.

Why Enter into a Settlement Agreement?

Settlement agreements are versatile tools used in scenarios such as:

• Termination of employment due to redundancy , performance issues, or disciplinary matters.

• Resolving ongoing workplace disputes without ending employment.

• Addressing long-term sickness absence or irretrievable breakdowns in working relationships.

For employees, these agreements provide financial security, a clean break, and the ability to move forward without the stress of litigation. Employers benefit by avoiding the costs, time, and reputational risks of employment tribunals. In 2025, the UK employment landscape has seen a significant uptick in settlement agreements, reflecting their growing role as an efficient solution for resolving employment disputes.

Key Strategies for Negotiating a Favourable Settlement Agreement

Negotiating a settlement agreement requires strategic planning and a clear understanding of your rights and leverage. Below are five essential strategies to help employees secure the best possible terms:

1. Seek Specialist Legal Advice

UK law mandates independent legal advice before signing a settlement agreement. A specialist employment law solicitor can assess the offer’s fairness, evaluate the strength of potential claims (e.g., unfair dismissal or discrimination ), and negotiate improved terms. For instance, they can identify overly restrictive covenants or opportunities to increase compensation. Employers often cover the cost of this advice, making it accessible for employees.

2. Be Prepared to Make a Counter-Offer

Employers typically present an initial offer with room for negotiation. If the terms seem inadequate, employees should consider making a counter-offer. Leverage depends on factors such as:

Length of service: Employees with over two years of service may have stronger grounds for unfair dismissal claims.
Nature of claims: Discrimination or whistleblowing claims can enhance your position, as they do not require minimum service periods.

A well-crafted counter-offer, supported by legal advice, can lead to enhanced financial packages or additional benefits, such as outplacement support.

3. Avoid Resigning Prematurely

Resigning before finalizing a settlement agreement can weaken your negotiating position, signalling a willingness to leave without a fight. Instead, raising a formal grievance to address workplace issues can serve as a starting point for settlement agreement negotiation. This approach demonstrates your commitment to pursuing your rights, potentially prompting the employer to offer better terms to avoid escalation.

4. Understand Your Employer’s Motivations

Effective negotiation involves understanding the employer’s goals, which may include:

A clean break with no future claims.
Confidentiality to protect their reputation.
A smooth handover of responsibilities.
Avoiding negative publicity or tribunal costs.

By aligning your requests with these objectives—such as agreeing to confidentiality clauses in exchange for a higher pay-out—you can propose mutually beneficial terms that enhance the agreement’s value.

5. Be Realistic and Pragmatic

While aiming for the best outcome, demanding terms equivalent to a tribunal victory may be unrealistic, as tribunals involve risks, costs, and time. Instead, focus on practical requests and highlight benefits to the employer, such as saving legal costs or preserving their reputation. A pragmatic approach, backed by legal advice, can lead to a fair and achievable agreement.

Additional Considerations for Settlement Agreements

Before signing a settlement agreement, employees should carefully review several key elements to ensure the terms are fair and comprehensive. The following table outlines critical aspects to consider:

Consulting a legal advisor is critical to clarify these points. For example, tax implications can vary depending on the agreement’s structure, and professional guidance ensures compliance and clarity.

Frequently Asked Questions

To address common concerns, here are answers to frequently asked questions about settlement agreements:

What is a settlement agreement?

A legally binding contract that resolves disputes or ends employment, typically involving compensation for waiving legal claims.

Do I need a lawyer for a settlement agreement?

Yes, UK law requires independent legal advice from a qualified professional to ensure you understand the terms and implications.

Can I negotiate the terms of a settlement agreement?

Absolutely. Employers often expect negotiations, and a counter-offer can improve financial or non-financial terms.

What should I consider before signing a settlement agreement?

Review the compensation, references, confidentiality clauses, restrictive covenants, and tax implications, and consult a legal advisor for clarity.

How much compensation should I expect?

Compensation varies based on service length, termination reasons, and potential claims. A solicitor can estimate a fair amount based on your circumstances.

Conclusion

Navigating a settlement agreement can be complex, but with strategic planning and professional guidance, employees can secure terms that protect their interests and facilitate a smooth transition. By seeking specialist legal advice, making informed counter-offers, and understanding employer motivations, you can maximize the benefits of the agreement. Always consult a qualified employment law solicitor to ensure the terms are fair and aligned with your needs. This guide is designed to provide valuable insights and practical advice, reflecting best practices for delivering helpful, user-focused content.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific situations, seek professional legal counsel.

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Article by

Sally Eastwood
Senior Associate

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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05.05.25

Are Tech Redundancies Leaving Workers Shortchanged?

Tue, 06 May 2025 12:05:12 GMT

Are Tech Redundancies Leaving Workers Short changed?

In the Spotlight: Redundancy Rights in 2025 - Are Tech Redundancies Leaving Workers Shortchanged?

This section will feature articles on trending topics and current issues, providing you with the latest insights and information. Stay informed and up-to-date with our bite-sized content designed to keep you in the know.

Redundancy Rights in 2025: Are Tech Redundancies Layoffs Leaving Workers Shortchanged?

Tech redundancies are surging in 2025. With AI advancements and economic shifts, UK tech workers face redundancy at unprecedented rates. But as jobs vanish, a key question looms: Are tech redundancies respecting your redundancy rights, or leaving you shortchanged? Understanding your entitlements is crucial—here’s the rundown.

What Are Your Redundancy Rights in 2025?

Redundancy occurs when your role ceases to exist due to business needs—like restructuring or cost-saving. The Employment Rights Act 1996 outlines your rights:

Statutory redundancy pay : Two years’ service earns you pay based on age, weekly wage (capped at £719 from 6 April 2025), and years of service).
Notice period: Your contractual notice or one week per year of service (up to 12 weeks) whichever is the greater, or pay in lieu if you’re let go instantly.
Fair process: Employers must consult and use objective selection criteria.
Alternative work: If suitable alternative employment exists, your employer must offer it to you, or let you apply for potentially suitable alternative work before making you redundant.

Tech layoffs in 2025, however, are raising concerns about compliance.

Tech Redundancies in 2025: A Rising Wave

The tech sector is under pressure. A 2025 Tech Nation report estimates 50,000+ UK tech jobs cut in the last year, driven by:

AI automation: Roles replaced by tech efficiencies.
Economic strain: Funding cuts post-inflation recovery.
Global shifts: Companies offshoring to reduce costs.

Mass redundancies are often rushed, risking corners being cut on legal obligations.

Are You Being Shortchanged?

Tech redundancies can fall short. Watch for:

Unfair Selection: Selection based on hybrid status or recent hires—rather than skills—could lead to unfair dismissal claims alongside redundancy issues.
Inadequate Pay: Statutory pay is the minimum. Many tech contracts offer enhanced terms (e.g., two weeks - one month’s full pay per year). If you’re given less and your redundancy is unfair, you’re owed more.
No Consultation: For 20+ redundancies, 30-45 days’ consultation is required. Skipping this risks a protective award (up to 90 days’ pay).
Notice Issues: Immediate exits with miscalculated pay in lieu (excluding bonuses) can undervalue your entitlement.
Bonus Issues: Redundancy may forfeit any right to an annual bonus entitlement

Tech Layoff Trends in 2025

Workers are noticing:

Hybrid bias: Remote staff targeted in selections.
Gig gaps: Zero-hours tech workers missing rights.
Speed risks: Rapid cuts skipping fair process.

These trends highlight where rights might slip through the cracks.

How to Protect Your Redundancy Rights

If you’re facing a tech redundancy:

Review your contract: Check for enhanced pay or notice terms.
Demand clarity: Request selection criteria, consultation proof and an organogram for department structures pre and post redundancy.
Act fast: File claims within three months less one day via Acas conciliation.
Get advice: Solicitors can spot shortfalls and negotiate.

Springhouse Solicitors: Your Redundancy Experts

Worried about a tech redundancy? Springhouse Solicitors ensures you get what’s yours. From challenging unfair processes to securing full pay, our team delivers, we’re here to help.

Don’t Lose Out

Tech redundancies are rampant in 2025, but your rights remain. If your redundancy feels unfair or underpaid, you can fight back. Know your entitlements, gather evidence, and seek expert support—don’t let a layoff leave you shortchanged.

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Springhouse Solicitors

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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05.05.25

Understanding Contributory Fault in Unfair Dismissal Claims

Wed, 30 Apr 2025 14:54:52 GMT

When Your Own Actions May Affect Your Compensation: Understanding Contributory Fault in Unfair Dismissal Claims

If you’ve been unfairly dismissed from your job, you may be entitled to compensation. However, it’s important to understand that not all compensation is guaranteed, especially if your own actions played a part in your dismissal. This is where the concept of contributory fault comes in.

In this article, we explain what contributory fault means, how it might affect your award, and what you should know before bringing a claim.

What Is Contributory Fault?

Put simply, contributory fault is when an employee's own behaviour contributed to their dismissal. If a tribunal finds that you were partly to blame for the dismissal, even if the dismissal was still technically unfair, your compensation could be reduced, sometimes significantly.

This doesn’t mean the dismissal becomes fair. It just means that your own conduct is taken into account when calculating how much compensation you receive.

How It Works

There are two parts of an unfair dismissal award that could be affected by contributory fault:

The basic award : This is a fixed formula based on your age, length of service, and weekly pay.
The compensatory award : This covers actual financial loss from the dismissal, like lost earnings and benefits.

The rules for reducing each award are slightly different:

For the basic award , any blameworthy behaviour you engaged in before your dismissal could justify a reduction — even if your employer didn’t know about it at the time of the dismissal. There is no need for the conduct to have caused or contributed to the dismissal.
For the compensatory award , the tribunal must reduce it if your behaviour actually caused or contributed to your dismissal and a reduction would be just and equitable. Your conduct must also be culpable or blameworthy.

How Much Can My Award Be Reduced?

In theory, the reduction could be anywhere from 1% to 100%. Yes, a tribunal can find that you were unfairly dismissed but still decide not to award you any compensation at all if your conduct was serious enough. This is rare, but possible.

For example, in a case involving a dismissed employee who approved payments without proper documentation, the tribunal found the dismissal unfair due to procedural flaws but still reduced compensation by 25% because of the employee’s own misconduct.

What Type of Behaviour Counts?

The key question the tribunal asks is: Was the employee's conduct blameworthy? It doesn’t have to be the main reason for dismissal, but it must have played a part.

Examples include:

Misconduct such as dishonesty or breaching company rules.
Refusal to carry out reasonable instructions.

Importantly, the focus is on your actions, not your employer’s. Even if your employer acted poorly, your own conduct still matters when calculating your award.

Can the Employer’s Conduct Still Matter?

While the tribunal's focus is primarily on your conduct, recent cases have clarified that the employer's behaviour isn’t entirely irrelevant. If the employer used your conduct as a pretext, or a convenient excuse, to justify a dismissal they wanted to make for other reasons, this could influence whether, and how much, your compensation is reduced.

What If There’s Also a “Polkey” Deduction?

Tribunals may also apply what’s called a Polkey deduction , which reduces compensation to reflect the chance that you would have been dismissed anyway, even if a fair process had been followed.

Contributory fault is separate from Polkey, and if both apply, the tribunal must clearly explain each deduction and avoid “double counting” the same issue.

Final Thoughts

If you’re thinking of bringing a claim for unfair dismissal , be honest with your solicitor about any conduct issues that may arise. It doesn’t necessarily prevent you from succeeding, but it can affect your compensation.

Understanding how your own actions may impact your case is key to being prepared and managing expectations.

If you have concerns about how contributory fault might affect your claim, feel free to get in touch for tailored advice.

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Article by

Sally Eastwood
Senior Associate

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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28.04.24

In the Spotlight: Settlement Agreements - Why Gen Z Workers Are Demanding More in 2025

Tue, 29 Apr 2025 10:58:12 GMT

In the Spotlight: Settlement Agreements - Why Gen Z Workers Are Demanding More in 2025

Settlement Agreements: Why Gen Z Workers Are Demanding More in 2025

Settlement agreements are evolving fast. In 2025, Gen Z workers—born between 1997 and 2012—are rewriting the rules. They’re not just accepting the first offer; they’re demanding more from these deals and reshaping how employees approach them. Why is this generation pushing harder, and how can you ensure you’re not settling for less? Let’s explore the trend shaking up UK workplaces.

What Is a Settlement Agreement?

A settlement agreement is a legally binding deal where you waive potential claims against your employer—like unfair dismissal or discrimination—in exchange for a payout and usually agree the end of your employment. Your employer typically pays for independent legal advice, so it’s often free for you to get expert input. Once a tool for employers to quietly exit staff, these agreements are now a negotiation battleground—especially for Gen Z.

Why Gen Z Is Demanding More

Gen Z, a rising force in the UK workforce, brings a bold approach to work. A 2025 CIPD survey shows 70% of 18-28-year-olds value job security, mental health, and fairness—priorities fueling their settlement demands. Here’s what’s driving them:

• Job-hopping culture: Frequent career shifts give them confidence in their market worth.

• Social media influence: Platforms like TikTok highlight big settlement wins, encouraging higher asks.

• Mental health focus: They link burnout or toxic cultures to claims, seeking compensation for more than just lost wages.

• Economic reality: The ongoing cost-of-living crisis in 2025 pushes them to maximise payouts for financial stability.

This generation isn’t afraid to challenge low offers, often turning modest deals into significant gains by leveraging workplace issues—like disputes over hybrid work policies or unfair treatment.

What Can You Demand in a Settlement Agreement?

Employers might offer a baseline payout, but Gen Z’s push shows there’s room to negotiate. In 2025, you can ask for:

• Higher payouts: Take legal advice on unfair treatment and potential claims to understand value and the strength of your negotiating position when rejecting an offer and putting forward a counteroffer.

• Better references: A factual reference can hurt your next job hunt; push for a positive one.

• Non-financial perks: Trending asks include remote work allowances, retaining certain types of company property along with training costs and outplacement support to help get a new job.

Data from 2025 tribunal trends supports this: employees who negotiate before signing often boost their settlement by 20-50%, especially when they highlight potential claims like discrimination.

Are You Settling for Less?

Not all settlements are fair. In 2025, watch out for:

• Rushed deals: Quick sign-off pressure might hide better options.

• Lowball offers: If it’s just statutory minimums, you could be undersold.

• Hidden claims: Unaddressed issues like discrimination or contract breaches might mean you’re owed more.

How to Maximise Your Settlement

Facing an offer? Here’s how to borrow Gen Z’s playbook:

1. Don’t sign blind as a settlement agreement will not be legal binding: Use the free legal advice your employer funds.

2. Know your worth: Review your contract, employer policies and procedures, and sector standards.

3. Push back: List your demands (money, references and other non-financial terms) with evidence—like emails showing unfair treatment.

4. Act fast: Offers have deadlines—consult a solicitor as soon as you receive an offer.

Springhouse Solicitors: Your Settlement Experts

Want to maximise your settlement? Springhouse Solicitors turns offers into opportunities. Our solicitors review, negotiate, and finalise your agreement—often at no cost to you. Voted 5 stars on Review Solicitors, we’re ready to help you obtain what you deserve.

The Gen Z Effect in 2025

Settlement agreements are changing. Gen Z workers are proving you don’t have to settle for the first offer—or less than you’re worth. In 2025, their focus on fairness, value, and flexibility is raising the bar. If you’re handed a deal, take inspiration: know your rights, negotiate smart, and get expert advice. Your settlement could be bigger than you think.

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Springhouse Solicitors

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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28.04.24

In the Spotlight: What Is a Polkey Deduction and How Might It Affect Your Unfair Dismissal Compensation?

Tue, 29 Apr 2025 10:49:47 GMT

In the Spotlight: Tribunal Claims Soar – What Is a Polkey Deduction and How Might It Affect Your Unfair Dismissal Compensation?

If you’ve been unfairly dismissed from your job, you might be entitled to compensation. There’s a legal principle known as a Polkey deduction that could reduce the amount you receive, even if your dismissal was ruled unfair. It’s important for employees to understand how this works and when it might apply.

What is a Polkey deduction?

The idea of a Polkey deduction comes from a legal case called Polkey v AE Dayton Services Ltd (1987). In that case, the court ruled that if an employee is unfairly dismissed, but there’s a chance they would have been dismissed anyway even if the correct procedure had been followed, then compensation can be reduced.

Put simply, it means:

Even though your employer messed up the dismissal process, if the outcome would likely have been the same (i.e. you would have lost your job anyway), the compensation you're awarded may be cut to reflect that.

This doesn't mean the dismissal becomes "fair" - it’s still legally unfair but it affects how much the tribunal thinks you've actually lost as a result.

How does a tribunal decide if a Polkey deduction applies?

The tribunal looks at what would have happened if the employer had followed a fair process. For example, if you were dismissed without a proper disciplinary hearing, the question becomes:

Would a fair disciplinary hearing still have led to dismissal?

If the answer is “yes, probably,” then your compensation might be reduced to reflect that outcome.

But this is based on real evidence—not guesses. The tribunal needs to consider the likely thought process of your actual employer (not just what a perfect employer might have done), and whether there’s a good chance they would still have dismissed you, or perhaps given you a lesser warning or penalty.

Polkey deductions can be made in cases where the dismissal is either procedurally or substantively unfair and may be made in all types of case. In Audere Medical Services Ltd v Sanderson UKEAT/0409/12/RN, the Employment Appeal Tribunal found that, as a matter of principle, there was no reason why a Polkey reduction could not be made in cases of automatic unfair dismissal, provided the circumstances warranted it.

A Tribunal can make Polkey and contributory fault deductions in the same case, as they are intended to cover different things. A Polkey reduction is intended to assess the amount of loss attributable to the unfair dismissal, and should be considered first. Contributory fault is intended to reflect the amount by which the compensable loss should be reduced to take account of the employee’s conduct.

What kind of evidence is considered?

All the evidence is taken into account—not just what the employer says. Your own testimony, documents, or witness evidence could be just as important.

However, for a Polkey deduction to apply, the employer must raise it as an argument and provide some evidence. If they fail to do this, the tribunal may not make any reduction at all.

For instance, in a case where the employer didn’t provide any evidence or argue for a deduction the tribunal awarded full compensation.

Can the deduction be partial?

Yes. If the tribunal believes there was, say, a 50% chance you’d have been fairly dismissed anyway, it might reduce your compensation by 50%. It's not an all-or-nothing assessment -sometimes the tribunal will make an educated estimate based on probability and fairness.

In some cases, the tribunal might conclude that no reasonable employer would have dismissed you even after a fair process. In that scenario, no Polkey deduction should apply at all.

Why this matters

Understanding Polkey deductions is important if you’re pursuing an unfair dismissal claim. It helps set realistic expectations around compensation and gives you insight into how your former employer might try to defend the case.

It also means that:

You should gather as much evidence as possible to show why your dismissal wouldn’t have happened if proper procedures were followed.
You’ll need legal advice to counter any attempts by your employer to reduce compensation unfairly.

Need advice?

If you’ve been dismissed and you’re unsure whether a Polkey deduction might apply to your case, feel free to contact us. We can help assess your position and guide you through the claims process to give you the best possible chance of success.

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Springhouse Solicitors

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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28.04.24

In the Spotlight: Tribunal Claims Soar – Is Workplace Discrimination on the Rise?

Tue, 29 Apr 2025 10:34:01 GMT

In the Spotlight: Tribunal Claims Soar – Is Workplace Discrimination on the Rise?

Employment tribunals in 2025 are busier than ever. Across the UK, claims are surging with many involving workplace discrimination. If you’re facing unfair treatment at work, you may be wondering: is discrimination on the rise, or are more employees simply aware of their rights? In truth, it’s possibly both. If you're affected, there are legal steps you can take to protect yourself

Why Are Tribunal Claims Rising in 2025?

According to the latest Ministry of Justice figures, tribunal claims topped 100,000 in 2024—and early 2025 data suggests an even sharper increase. A significant proportion of these relate to discrimination under the Equality Act 2010 , which protects individuals from unfair treatment based on specific characteristics.

So, what's fuelling this rise?

Hybrid working tensions –Unequal access to flexible work arrangements often disproportionately affects women, disabled employees, and those with caregiving responsibilities.
Cost-cutting measures – Restructures and redundancies can disproportionately impact older workers or minority groups, raising potential discrimination risks.
Greater awareness – Movements like #MeToo and wider conversations around equality are empowering employees to speak up and challenge unlawful treatment.

Workplace discrimination isn’t new—but the willingness to challenge it is growing.

What Counts as Workplace Discrimination?

Under the Equality Act 2010 , discrimination occurs when you're treated unfairly because of a protected characteristic , which includes:

Age
Disability
Gender reassignment
Marriage or civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation

Tribunal claims typically arise from:

Direct discrimination – e.g. being passed over for promotion because of your gender.
Indirect discrimination – e.g. a company policy that disproportionately disadvantages a particular group without good reason.
Harassment – e.g. unwanted jokes or comments related to race or disability.
Victimisation – e.g. being treated unfairly after raising a concern about discrimination.

You don’t need two years’ service to bring a discrimination claim—these rights apply from day one and even if you are discriminated during a recruitment process.

Is Discrimination Increasing Or Just Being Recognised?

While discrimination may not be “new,” evidence shows it's being more frequently identified and reported. Some emerging trends in 2025 include:

Hybrid working disparities – An Acas report highlighted growing concerns about remote working policies disadvantaging carers and disabled employees.
Return-to-office policies – Mandatory attendance is triggering claims where reasonable adjustments are not considered.

Employees today are better informed, with online resources and legal support more accessible than ever making it easier to identify discrimination and take action.

Can You Bring a Claim for Discrimination?

Here’s what you need to know:

No qualifying period – Unlike standard unfair dismissal claims, discrimination claims can be brought from day one.
Time limits apply – You must start your claim within three months minus one day of the discriminatory act (or the last in a series of acts). Starting Acas Early Conciliation may extend this.
Evidence helps – Keep records of relevant emails, policies, witness accounts, or anything else showing unfair treatment. It might also be worth keeping a diary of any incidents as they happen.
Compensation – Awards vary, but there is no upper limit for discrimination-related compensation.

Why Are More Employees Winning in 2025?

Tribunals are evolving to reflect modern workplace issues. We're seeing:

Scrutiny of flexible work policies – Employers who fail to make reasonable adjustments for disabled staff are increasingly being held to account.
Cultural awareness – Judges are more alert to subtle forms of bias, such as microaggressions or exclusionary behaviour.
Legal developments in tech – Claims involving discriminatory algorithms or biased performance tools are gaining ground as public awareness grows.

These shifts make 2025 a crucial moment for employees to stand up against discrimination with confidence.

What To Do If You’re Facing Discrimination at Work

If you believe you're being treated unfairly due to a protected characteristic, here’s what you can do:

Keep a written record – Log dates, incidents, emails, and conversations.
Raise a grievance internally – Use your company’s formal grievance procedure, tribunals expect you to try resolving issues first.
Seek expert legal advice – A specialist employment solicitor can assess your situation and support you in bringing a claim.

Springhouse Solicitors: Experts in Fighting Workplace Discrimination

Facing discrimination at work? Springhouse Solicitors are here to help. From unfair hybrid work policies to harassment or biased redundancy processes, our dedicated employment law experts provide fast, practical advice and representation. We’ve helped thousands of employees assert their rights and we can help you too.

Discrimination in 2025: On the Rise or Just Uncovered?

Whether workplace discrimination is increasing or simply being recognised more often, one thing is clear: employees are no longer staying silent. If you're being treated unfairly at work, you don’t have to face it alone, our team can guide you through your legal options.

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Springhouse Solicitors

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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28.04.24

In the Spotlight: Redundancy or Pretence? Unpacking the Rise of ‘Quiet Firing’ in 2025

Fri, 25 Apr 2025 12:48:00 GMT

In the Spotlight: Redundancy or Pretence? Unpacking the Rise of ‘Quiet Firing’ in 2025

Redundancy or Pretence? Unpacking the Rise of ‘Quiet Firing’ in 2025

Redundancies are challenging—but what if they’re not genuine? In 2025, a covert trend known as ‘quiet firing’ is emerging in UK workplaces. Employers might push you out under the guise of redundancy , avoiding proper procedures or payouts. Is it redundancy or pretence? Here’s how to identify ‘quiet firing’ and protect your rights.

What Is ‘Quiet Firing’?

‘Quiet firing’ isn’t an official term, but it’s a growing tactic. Instead of formally dismissing staff, employers make roles unbearable—think slashed hours, impossible targets, or forced office returns—hoping you’ll quit. In 2025, some dress this up as redundancy, claiming your job’s gone when it’s really a pretence. The Employment Rights Act 1996 still governs true redundancies, but ‘quiet firing’ blurs the lines.

Why ‘Quiet Firing’ Is Rising in 2025

Workplace dynamics are shifting. A 2025 CIPD report highlights cost-cutting and hybrid work disputes as drivers:

Economic squeeze: Firms avoid r ed by nudging staff out quietly.
Hybrid backlash: Employers use inflexible policies to target remote workers.
Performance pretexts: Unrealistic goals replace fair selection, masking the intent.

Social media buzz—like LinkedIn posts flagging ‘quiet firing’—shows employees are catching on, and tribunal claims are reflecting it.

Redundancy vs. Pretence: What’s the Difference?

A genuine redundancy means your role no longer exists due to business need. This might be the entire business closing, one site closing, a relocation to a different site or a reduction in the need for a certain type of work. You’re entitled to:

Statutory redundancy pay after two years’ service: This is based on age, pay (capped at £719 per week from 6 April 2025), and number of years’ service.
Notice entitlement
Wages up to the date your employment ends
Payment for untaken holidays
Fair process: Consultation and objective selection.

‘Quiet firing’ sidesteps this. If your job’s reshaped to force you out—or a ‘redundancy’ keeps your duties alive under a new title—it’s a pretence. This can trigger legal claims.

Signs You’re Facing ‘Quiet Firing’

In 2025, watch for:

Sudden changes: Hours cut or hybrid rights revoked without reason.
Role erosion: Tasks vanish, but others take them on—your job’s not really gone.
Pressure tactics: Unrealistic targets or exclusion making work unbearable.
Rushed redundancy: No consultation, just a quick exit offer.

These moves often aim to avoid payouts or tribunal risks, but they’re challengeable.

Your Rights if It’s a Pretence

If ‘quiet firing’ masquerades as redundancy:

Unfair Dismissal: After two years, a pretence redundancy—lacking fair process or genuine need—can be unfair. Employers must prove your role’s redundant, not just inconvenient.
Constructive Dismissal: If changes force you to quit, you can claim constructive dismissal. No service minimum applies if it’s tied to discrimination or some other circumstances so take advice.
Protective Awards: Failure to comply with collective consultation requirements for 20+ redundancies in a period of 90 days or less risks a 90-day pay award.
Discrimination: Targeting you for certain characteristics such as age, disability, or gender (e.g., hybrid bias against parents) could mean a claim—day-one rights apply.

Claims have short time limits so time is tight. Don’t delay in taking advice.

‘Quiet Firing’ Trends in 2025

The rise is real:

Tech sector: AI shifts mask ‘quiet firing’ as redundancy, but roles remain in some cases.
Hybrid disputes: Remote workers face pressure to return or leave.
Awareness: Employees are spotting patterns, with online forums flagging tactics.

Tribunals are seeing more cases where ‘redundancies’ don’t hold up—especially when employers can’t justify the loss of a role.

How to Fight Back

Suspect ‘quiet firing’? Act smart:

Document it: Track changes, emails, or targets showing the push.
Question redundancy: Ask for proof your role’s gone—selection criteria too.
Get advice: Solicitors can advise you if it’s a pretence and build your case.

Springhouse Solicitors: Your Redundancy Experts

Worried about unfair redundancy or 'quiet firing'? Springhouse Solicitors is here to support you. Our expert team fights for your rights, ensuring fair pay, process, or tribunal success. Rated 5 stars on Review Solicitors , trust us to deliver. #EmploymentLaw #Redundancy

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Senior Associate

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25.04.24

Settlement Agreements & Cost of Living | Springhouse

Mon, 14 Apr 2025 14:09:47 GMT

In the Spotlight - Settlement Agreements in the Cost-of-Living Crisis: Are You Settling for Less?

The cost-of-living crisis is still biting in 2025. As prices soar and wages lag, many UK employees face settlement offers from employers—whether tied to redundancy, disputes, or exits. But with financial pressures mounting, are you settling for less than you deserve? Here’s how the crisis is shaping settlement agreements—and how to ensure you’re not short-changed.

What Is a Settlement Agreement?

A settlement agreement is a legal deal where you agree to drop potential claims against your employer—like unfair dismissal or discrimination—in return for a payout and usually agreeing to the end of your employment. Your employer typically covers the cost of independent legal advice, meaning it’s often free for you to get expert input. In 2025, these offers are common, but the economic climate is changing the game.

The Cost-of-Living Crisis and Settlements

The UK’s cost-of-living crisis, persisting into 2025, is hitting hard. Inflation remains stubborn, with ONS data showing a 4% rise in living costs over the past year. For employees, this means:

● Cashflow pressure : Bills and rents leave little wiggle room, tempting quick acceptance of low offers.

● Job uncertainty : Fear of unemployment pushes some to settle fast, even if it’s not enough.

● Employer leverage : Businesses, also squeezed, may offer minimal payouts to cut costs.

A 2025 Acas report notes a rise in settlement agreements as redundancies increase, but warns that rushed deals are leaving workers underpaid.

Are You Settling for Less?

Economic strain can cloud judgement. Here’s where you might miss out:

● Lowball offers : Employers might propose statutory minimums (e.g., redundancy pay capped at £719/week), ignoring enhanced contract terms or claim value.

● Rushed decisions : Pressure to sign quickly with a deadline—especially with bills looming—might mean overlooking bigger entitlements.

● Hidden claims : Unfair dismissal, discrimination, or unpaid wages could boost your payout, but only if you spot them.

In 2025, workers often accept deals that don’t reflect their full rights—especially when inflation erodes the real value of small sums.

What Can You Claim in a Settlement?

You’re not stuck with the first offer. In the crisis, aim for:

● Higher payouts : Beyond statutory redundancy, negotiate and put forward a counteroffer.

● Future-proofing : Push for extras like a payment towards outplacement support to assist you with career advice and interview preparation and a contribution towards re-training costs which will help when looking for a new job.

● References : A strong agreed written reference is gold in a tough market—don’t settle for a factual reference that just includes dates of employment and job title.

● Lost benefits : Include bonuses, car allowance and pension contributions eroded by early exit.

Trends show negotiated settlements in 2025 often rise 20-40% above initial offers when employees push back with evidence—like proof of unfair treatment or contract breaches.

How the Crisis Shapes Negotiation

The cost-of-living crisis cuts both ways:

● Employee urgency : Needing cash fast can weaken your stance—employers know this.

● Employer limits : Budget constraints might cap offers, but viable claims (e.g., discrimination) force better deals.

● Mental health factor : Stress from financial woes or toxic workplaces is increasingly cited, upping settlement values.

Workers who pause to assess often find leverage—like a botched redundancy process—boosting their payout.

How to Avoid Settling for Less

Facing an offer in 2025? Protect yourself:

● Get advice : Use the free legal review your employer funds— a settlement agreement is not legally binding without the employee taking legal advice.

● Know your rights : Check your contract for enhanced terms and list potential claims (e.g., unfair dismissal). Prepare a timeline setting out examples of unfair treatment.

● Negotiate smart : Highlight financial hardship or workplace issues to justify more—back it with emails or records or a formal grievance.

● Deadline to respond to an offer : Offers have deadlines, so contact a solicitor as soon as you can. If you need more time, ask for an extension to the deadline in writing. Acas recommend that employees are given a minimum of 10 days to take advice.

Springhouse Solicitors: Your Settlement Experts

Worried you’re settling for less? Springhouse Solicitors maximises your offer. Our team reviews, negotiates, and finalises agreements—often at no cost to you. Voted 5 stars on ReviewSolicitors, we ensure the crisis doesn’t cost you your rights.

Don’t Let the Crisis Dictate Your Deal

The 2025 cost-of-living crisis makes settlement offers tempting—but risky. Accepting less might ease today’s bills, only to leave you struggling tomorrow. Know your worth, negotiate hard, and get expert help. In tough times, your settlement should work harder for you.

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Article by

Senior Associate

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

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13.04.25

Unfairly Dismissed Over Flexible Working? Understanding Your Rights in 2025

Thu, 03 Apr 2025 11:29:56 GMT

In the Spotlight - Current Trends and Insights

Unfairly Dismissed Over Flexible Working? Understanding Your Rights in 2025

Flexible working is no longer a perk—it’s a right. By 2025, millions of UK employees rely on it to balance life and work. But what happens if your employer dismisses you for seeking flexibility? Here’s what the law says and how you can fight back.

Your Legal Rights in 2025

Since 6 April 2024, the Flexible Working Regulations grant every UK employee the right to request flexible working—remote, hybrid, or adjusted hours—from day one. Employers can refuse only for specific business reasons (e.g., cost or operational impact) and must follow a fair process. Dismissing you for requesting flexibility can lead to an unfair dismissal claim.

Rising Flexible Working Disputes

Flexible working is mainstream, with a 2025 CIPD survey showing 65% of UK organisations offering it. However, disputes are increasing due to:

Pushback on hybrid work : Some employers demand full office returns, clashing with staff expectations.
Unequal access: Flexible arrangements aren’t always offered fairly, causing tensions.
Post-pandemic shifts: Workers ac customed to remote setups resist rigid changes.

These disputes are increasingly being resolved in employment tribunals .

What Constitutes Unfair Dismissal Over Flexible Working?

The Employment Rights Act 1996 defines unfair dismissal as termination without a fair reason or process. In 2025, flexible working disputes often qualify:

Standard Unfair Dismissal (Two Years’ Service): If you’ve worked for two years, dismissal for requesting flexible working—or refusing an inflexible mandate—can be unfair. Employers must have a fair reason to dismissal and follow a fair process and follow the Acas Code.
Automatically Unfair Dismissal (No Service Needed) : Some flexible working dismissals are “automatically unfair” from day one, such as:
Dismissing you for making a statutory flexible working request.
Discrimination including related to disability (including asking for reasonable adjustments), gender, or caregiving.
Health and safety concerns.

Constructive Dismissal

If your employer breaches agreed flexible terms, you might resign and claim constructive dismissal. This is becoming more common as employers tighten policies.

Time Limits Are Strict

You have three months less one day from your dismissal (or resignation) to file a claim with a tribunal. Acas early conciliation can extend this slightly, but don’t delay in getting legal advice at an early stage.

What’s New in 2025?

The law is evolving. The 2025 Employment Rights Bill, set for Autumn 2026, proposes unfair dismissal as a day-one right. Until then:

Tribunal focus: Courts are scrutinising flexible working refusals more closely.
Hybrid battles: Disputes over remote work rights are common.
Mental health link : Employees tie forced returns to wellbeing issues, bolstering claims.

How to Challenge a Dismissal

If flexible working leads to your dismissal:

Check your rights: Was your request statutory? Is discrimination a factor?
Gather proof: Save emails, flexible working requests, or refusal notes.
Act quickly: Start with Acas and consider tribunal options.
Get advice: Solicitors can identify if your dismissal breaks the law.

If your employer treats you unfairly because you made a statutory request for flexible working, this is called “subjecting you to a detriment” and might amount to a claim. Detriment is treatment by your employer that is demeaning or detrimental. It can include examples such as making demeaning comments, highlighting insufficient issues about conduct or performance, denying you promotion or training opportunities, or giving you harder or more mundane work.

Springhouse Solicitors: Your Tribunal Experts

Dismissed or treated unfairly over flexible working? Springhouse Solicitors specialises in employment tribunal claims. Whether it’s an unfair dismissal for requesting hybrid work or a constructive claim over broken promises, our nationwide team offers fast, expert help. Voted 5 stars on ReviewSolicitors, we’re here to defend your rights.

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Article by

Senior Associate

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

01.04.25

Understanding Constructive Dismissal: What Employees Need to Know

Tue, 01 Apr 2025 11:24:16 GMT

Understanding Constructive Dismissal: What Employees Need to Know

In the UK, employment laws are in place to protect employees and ensure they are treated fairly at work. This protection also extends to those who feel forced to resign because of their employer’s conduct. If you're an employee facing mistreatment and feel that resigning is your only option, you might be considering a constructive dismissal claim. This guide explains what constitutes constructive dismissal, who can make such a claim, and what you need to prove to win your case.

What Is Constructive Dismissal?

Constructive dismissal happens when an employer behaves in a way that forces the employee to resign. This could be due to a serious breach of the employment contract, or a series of actions that damage the trust and confidence between you and your employer.

Before making a decision to resign, it’s important to try and resolve the issue with your employer using their grievance procedure. If you don’t do this, and you later win a constructive dismissal claim, your compensation could be reduced by up to 25%. This is because the ACAS Code of Practice on Disciplinary and Grievance Procedures advises that you follow this process first.

Constructive Dismissal vs. Unfair Dismissal

Although both involve unfair treatment by an employer, constructive dismissal and unfair dismissal are different.

Unfair dismissal occurs when your employer directly ends your employment without a valid reason or a fair process.
Constructive dismissal, on the other hand, involves you resigning from your job because of your employer’s behaviour. To make a constructive dismissal claim, you must show that you were entitled to resign because of how your employer treated you.

Am I Eligible to Make a Constructive Dismissal Claim?

To make a constructive dismissal claim, there are some key eligibility requirements:

Employee status: You must be classified as an "employee" (not a worker or contractor).
Length of service: You typically need at least two years of continuous service with your employer.

However, there are exceptions. If your dismissal was due to reasons like discrimination or whistleblowing, you may be able to bring a claim even if you’ve worked for less than two years.

The Time Limit for Making a Claim

It’s crucial to act quickly if you think you’ve been constructively dismissed. You have three months minus one day to file your ET1 Claim Form with an employment tribunal. This deadline starts from:

The last day of your notice period, or
The day you resigned if you didn’t serve any notice.

Acas early conciliation may extend the deadline but it is important to take advice on this at an early stage.

How Do I Prove Constructive Dismissal?

To successfully claim constructive dismissal , you need to show that:

Your employer breached your contract in a serious way.
You accepted this breach (meaning you didn't continue to work as if nothing happened).
You resigned because of the breach – your resignation must be directly linked to the employer’s behaviour.

Examples of what might constitute a serious breach include:

Not paying you the salary you agreed upon.
Demoting you without a valid reason.
Making changes to your job that weren’t part of your contract.
Allowing harassment or bullying at work.

What If My Employer Defends Themselves?

It’s important to remember that the burden of proof is on you, the employee. Your employer may argue in its defence that:

There was no breach of contract. For example, there was a contractual right to make the change
You agreed to the changes or actions they took by continuing to work without raising any concerns.
You didn’t resign because of the breach – maybe it was for a different reason, like moving to a new job.

Even if the tribunal agrees that you were constructively dismissed, your employer might still try to argue that the dismissal was fair i.e., there was a fair reason and they acted reasonably in dismissing for that reason.

What Compensation Can I Receive?

If your constructive dismissal claim is successful, you could be entitled to two types of compensation:

A Basic award – This is calculated in the same way as statutory redundancy pay.
Compensatory award – This is meant to compensate for the financial loss you’ve suffered, such as lost wages and benefits. However, unless your dismissal was for an automatically unfair reason (like discrimination or whistleblowing), this award may be capped at the lower of the statutory cap or 52 weeks’ gross pay.

In certain cases such as discrimination, you could also receive additional compensation for emotional distress, known as an "injury to feelings" award.

In Summary

Constructive dismissal claims are complex, and it’s important to understand both your rights and the steps you need to take if you're thinking of resigning due to your employer’s behaviour. Ideally, it is better to take advice before resigning. If you're facing a situation where constructive dismissal may apply, it's crucial to document everything and seek advice to understand your options. You may also want to explore resolving issues through your employer's grievance procedure before taking the step of resigning.

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Article by

Senior Associate

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

01.04.25

Third Party Harassment & ERB | Springhouse Solicitors

Thu, 27 Mar 2025 17:01:19 GMT

What Employers Need to Know about Third-Party Harassment and the Employment Rights Bill

Sections of the Equality Act 2010 that made employers liable in certain circumstances for third-party harassment were repealed in October 2013.

Since October 2024, employers are to take reasonable steps to prevent sexual harassment of their employees, including by third parties.

Clause 18 of the Employment Rights Bill will reintroduce employer liability for third-party harassment for all relevant protected characteristics (age, gender reassignment, disability, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation) by amending the Equality Act 2010. This will mean that in addition to an employer being prevented from harassing their own employees or job applicants, they must also not permit a third-party to harass their employees. This is a significant expansion in liability and therefore risk for employers.

Once the new law comes into force, employers can be held accountable if they fail to take all reasonable steps to prevent third-party harassment in the workplace. This is a significantly higher threshold than “reasonable steps”. An employer will have allowed a third party to harass an employee where the following happens:

1. A third-party harasses the employee during their employment with the employer

2. The employer fails to take all reasonable steps to prevent the third-party from harassing the employee during their employment

A third party mean anyone other than the employer or one of its employees and is likely to include contractors, clients, customers and suppliers. For employers that have staff coming into frequent contact with third-parties, such as the retail and hospitality sectors, the duty to take all reasonable steps to prevent harassment could be difficult to meet. This is particularly the case as employers have fair less control over the actions of third parties than employees working for them. What is reasonable will depend on the circumstances including the size and resources of the employer.

Employers are encouraged to keep a track of the Bill’s progress through Parliament and consider implementing steps now to protect their staff from third-party harassment. Steps to consider include:

3. Clear Anti-Harassment Policy - Implement and communicate a strong anti-harassment policy that clearly covers third-party harassment, including actions by customers, clients, contractors, or anyone else not employed by the employer. This policy should outline what constitutes harassment and the consequences of such behaviour. Other policies should be reviewed to ensure that they interact well with the anti-harassment policy.

4. Awareness of Policies – Employers should ensure that all workers are aware of their anti-harassment policies. They should be published in an easily accessible part of their external-facing website meaning that they can be accessed by third-parties.

5. Install a public notice – This can inform third-parties that harassment of its employees is unlawful and will not be tolerated

6. Training - Provide regular training for both employees and managers on how to recognise, report, and handle third-party harassment. Ensure managers understand their responsibility to protect employees and respond appropriately to complaints. In industries where third-party harassment from customers and clients is more likely, training should be provided on how to address such issues. For example, in a call centre, a manager may need guidance on what to do in the event of a worker receiving an abusive phone call. In a pub, the manager might need guidance on what to do in the event of physical or verbal abuse of staff. Employers should keep records of training.

7. Employee guidance – Whilst employers are responsible for preventing third-party harassment, workers can take steps to protect themselves and staff should be provided with training and encouraged to:

a. Be assertive and firmly uphold their boundaries with third parties and communicate in a clear, professional manner if those boundaries are violated.

b. Call out any harassment from third parties, whether directed at themselves or a colleague.

c. Refrain from engaging in or supporting any behaviour from a third-party when it is evident that the recipient does not welcome it.

d. Promptly report any instances of third-party harassment to their manager or supervisor for appropriate action.

8. Effective Reporting Processes - Establish accessible, confidential reporting processes for staff to report any harassment from third-parties. Employees should feel safe knowing that they can raise concerns without fear of retaliation.

9. Detecting harassment – Employers should proactively seek to be aware of what is happening. There may be warning signs of harassment, e.g. sickness absence, change in behaviour, comments in exit interviews or avoidance of a certain colleague. Employers should give staff opportunities to raise issues with them, for example, through informal one-to-ones, sickness absence or return to work meetings, meetings about performance, open door meetings, exit interviews and post-employment surveys. Employers should keep records of how they detect harassment.

10. Act on Employee Suggestions - Take employee input seriously by considering initiatives proposed by your staff. If employees suggest actions or improvements, such as setting up a forum for raising concerns, ensure that these suggestions are acted upon and well-documented.

11. Monitor High-Risk Situations - Identify roles or situations where employees are more likely to face third-party harassment, such as customer-facing positions. In these high-risk areas, ensure there is additional supervision, support, and guidance to help prevent incidents.

12. Contractual Clauses with Third-Parties - When possible, include specific clauses in contracts with third-parties that hold them accountable for any harassment perpetrated by their employees or clients. This helps establish clear expectations and responsibilities on the part of external partners.

13. Supportive Environment - Cultivate a workplace culture that encourages employees to speak up about third-party harassment. Make sure they know their complaints will be taken seriously and handled appropriately.

14. Thorough Investigation and Response - When an incident of third-party harassment is reported, act promptly to investigate and resolve the issue. Appropriate actions may include limiting or ending business relationships with offenders, sending a strong message that such behaviour will not be tolerated.

15. Risk Assessments - Regularly assess your workplace environment and conduct risk assessments to identify areas where third-party harassment is more likely to occur. Periodically adjust your preventive measures based on these findings.

16. Support Services : Provide employees with access to Employee Assistance Programmes or similar support services. These can help staff members cope with the emotional and psychological impact of harassment from third parties.

Taking these actions demonstrates a proactive approach to handling harassment and helps protect your business from potential legal and financial consequences and fosters a safe and supportive working environment for your staff.

Listen to the audio version of this article below

Article by

Sally Eastwood

Senior Associate

For further guidance on post-termination restrictions and ensuring your employment contracts are properly drafted, it’s advisable to seek advice from an experienced employment law solicitor.

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

26.03.25

Key Strategies for Neurodiversity and Inclusion in the Workplace

Tue, 11 Mar 2025 15:34:58 GMT

Key Strategies for Neurodiversity and Inclusion in the Workplace

Acas has released a report on neurodiversity in the workplace, prepared by researchers from Birkbeck, University of London.

Neurodiversity describes the natural differences in how people's brains process information, and how they feel and behave. Well-known types of neurodivergence include neurodevelopmental conditions such as ADHD, autism, dyslexia and dyspraxia.

The report, published on 6 March 2025, stresses the need for neurodiversity training and proactive measures to support neurodivergent employees, highlighting that approximately 15 to 20% of adults are neurodivergent, with prevalence differing based on gender, condition and industry.

The report emphasises that fostering a neuroinclusive work environment and making necessary adjustments can be done proactively, without requiring a formal diagnosis or staff disclosure of neurodivergence. Employers are encouraged to prioritise neuroinclusion, which means embracing and supporting various neurotypes within a flexible, inclusive, and supportive workplace culture. It also points out the frequent overlap between neurodivergent and mental health conditions, which calls for comprehensive workplace support.

Key elements of a neuroinclusive workplace, as outlined in the report, include:

Senior leadership's role in promoting neuroinclusion by taking proactive steps.
Incorporating neuroinclusion across an organisation through strategies, policies, and practices led by senior leadership, following universal design principles such as flexibility, fairness, and simplicity.
Ensuring psychological safety for neurodivergent employees to voice their needs while meeting those needs on an individual level.
Awareness by line managers and employers about how different aspects of a person’s identity may influence their experiences.
Establishing specialised career pathways for neurodivergent employees.
Tracking and assessing progress on neuroinclusion efforts.

For employers aiming to build a neuroinclusive workplace, the report offers valuable insights into these areas, along with guidance on what effective proactive reasonable adjustment processes look like.

The report acknowledges the complexity of managing performance in neurodiverse teams, which requires tailored communication strategies and structured policies to meet diverse needs. It encourages employers to formally include this as part of line managers' responsibilities and provide them with the necessary support.

For further information about creating a neuroinclusive workplace, see the link here: Neurodiversity at work: bridging research, practice and policy | Acas

It should be noted that this paper is not intended as guidance from Acas.

If you would like advice on how to promote a neuroinclusive workplace, including assistance with drafting neuroinclusive policies in the workplace, get in touch with our client care team on 0800 9157777.

Listen to the audio version of this article below

Article by

Sally Eastwood

Senior Associate

For further guidance on post-termination restrictions and ensuring your employment contracts are properly drafted, it’s advisable to seek advice from an experienced employment law solicitor.

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

11.03.25

Post-Termination Clauses Explained | Springhouse Solicitors

Tue, 18 Feb 2025 11:09:35 GMT

Post-termination restrictions (also known as restrictive covenants) in employment contracts are clauses that place limitations on an employee's activities after they leave their employment. These restrictions can cover a range of activities, from preventing employees from working for competitors to restricting them from soliciting clients or poaching other employees. In this article, we will explore what post-termination restrictions are, why employers use them, how enforceable they are, and what employees should consider before agreeing to them.

What Are Post-Termination Restrictions?

Post-termination restrictions, often referred to as "restrictive covenants," are clauses within an employment contract that seek to limit an employee's actions after they leave their employer. These restrictions are typically included in contracts for employees in senior, strategic, or client-facing roles. The most common types of post-termination restrictions include:

Non-compete clauses : These prevent the employee from working for a competing business usually within a certain geographical area and for a specific period of time.
Non-solicitation clauses : These prevent the employee from approaching or soliciting the company's clients or customers after leaving.
Non-poaching clauses : These restrict the employee from enticing other employees to leave the company and join a competitor or a new venture.
Confidentiality clauses : These require employees to protect the company’s confidential information during their employment and after it ends and prevent them from using or disclosing the confidential information.

Why Do Employers Use Post-Termination Restrictions?

Employers use post-termination restrictions to protect their business interests and maintain a competitive edge. These clauses are designed to prevent former employees from using the knowledge, skills, or relationships they gained while employed to benefit a competitor or start a competing business. The key reasons employers include these restrictions in employment contracts include:

Protecting confidential information : Employers want to safeguard sensitive business data, trade secrets, and intellectual property that could be used by a former employee in a competing role.
Maintaining client relationships : Employees in client-facing roles often develop close relationships with customers. Non-solicitation clauses help prevent these employees from poaching clients once they leave.
Retaining staff : Non-poaching clauses help employers prevent former employees from recruiting other staff members, which could lead to a loss of talent and disruption within the business.

Are Post-Termination Restrictions Enforceable in English Law?

Under English law, post-termination restrictions can be enforceable, but only if protect a legitimate interest of the employer and are reasonable. The courts are generally reluctant to enforce restrictive covenants unless they serve a legitimate business interest and are not overly restrictive. Several key factors are considered when determining whether a post-termination restriction is enforceable:

Protection of legitimate business interests : The restriction must protect a legitimate business interest, such as safeguarding confidential information, client relationships, or trade secrets. If the restriction is deemed unnecessary for protecting such interests, it is likely to be unenforceable.
Reasonableness of the restriction : The court will assess whether the restriction is reasonable in terms of its duration, geographical scope, and the nature of the activity being restricted, where there is a legitimate interest to protect. If the restriction goes further than necessary to protect the employer’s legitimate interest, it will be void. The question of reasonableness must be considered at the time the restriction was entered into, not in light of subsequent events.
Scope of the restriction : A non-compete clause, for example, that prevents a former employee from working in the same industry worldwide may be seen as too wide and therefore unenforceable.
Employee’s role and seniority : To be reasonable, restrictions should be tailored to the specific employee and the business in which they operate. The nature of the employee’s role is also a crucial factor. Post-termination restrictions are more likely to be enforceable for employees in senior or client-facing roles who have access to sensitive business information or established relationships with clients.

What Should Employees Consider Before Agreeing to Post-Termination Restrictions?

Employees should carefully consider any post-termination restrictions in their employment contracts before agreeing to them. Here are a few things to keep in mind:

Seek legal advice : If you’re unsure about the enforceability of a post-termination restriction, it’s wise to seek legal advice. A solicitor can assess whether the restriction is likely to be enforceable and advise you on how to negotiate more reasonable terms.
Understand the potential impact on future employment : Post-termination restrictions, particularly non-compete clauses, can have a significant impact on an employee’s ability to find new work in their chosen field. It’s important to understand the scope and duration of these clauses to avoid being restricted from pursuing certain roles or industries after leaving the company.
Negotiate terms : If a post-termination restriction seems overly broad or unreasonable, it may be possible to negotiate its terms before signing the contract. For example, you might ask for a shorter duration or a smaller geographical scope for a non-compete clause, or ask for some of the restriction to be removed entirely.
Consider the consequences of breach : Breaching a post-termination restriction can lead to serious legal consequences, including an injunction to prevent further violations and/or claims for damages. Make sure you fully understand the potential consequences of not adhering to the restrictions.

Conclusion

Post-termination restrictions are a valuable tool for employers looking to protect their business interests, but they must be reasonable to be enforceable under English law.

If you are given a contract with post-termination restrictions as an employee, it’s essential to understand what they mean and how best to respond. For further guidance, you should take advice from an experienced employment law solicitor.

Listen to the audio version of this article below

Article by

Sally Eastwood

Senior Associate

This article provides general information about post-termination restrictions in employment contracts and is not intended as legal advice. If you are an employer or employee with concerns about post-termination restrictions, it is recommended that you seek legal advice specific to your situation

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

18.02.25

Deposit Orders in Tribunal Claims | Springhouse Solicitors

Fri, 14 Feb 2025 13:22:25 GMT

As an employer, dealing with claims brought before the Employment Tribunal can be both time-consuming and costly. If you're facing a claim, whether for unfair dismissal, discrimination, or any other workplace dispute, you might encounter the term "deposit order." What does a deposit order mean for you as an employer, and how could it impact your case? In this article, we will explain what deposit orders are and why they may be used.

What is a Deposit Order?

A deposit order is a financial order made by the Employment Tribunal that requires a party, usually the claimant (employee) but in some cases, the respondent (employer), to pay a sum of money into the Tribunal’s account as a condition of:

Continuing with the legal process: This could affect whether the claimant can proceed with their claim, or in some cases, whether you as the employer are able to continue defending your position.
Pursuing specific allegations or arguments: If the Tribunal believes a particular part of the claim has little chance of success, it may require the claimant to pay a deposit to continue pursuing that specific aspect.

The Tribunal can make a deposit order either of its own accord or after an application from one of the parties. Often, a party might apply for the other party's case to be struck out or for deposit orders to be imposed, as an alternative.

The primary purpose of a deposit order is not to penalise either party but to ensure that both sides are serious and ready to proceed with the case. It can also serve as a deterrent to frivolous or weak claims.

When Can the Tribunal Make a Deposit Order?

The Tribunal may make a deposit order when it considers that a specific allegation or argument in the claim or defence has little reasonable prospects of success. In such cases, the Tribunal may order that the claimant (or respondent) pay a deposit as a condition of continuing with that specific aspect of the case.

If you, as the employer, believe the employee’s claim is weak or unlikely to succeed, you can consider making an application for a deposit order.

How Much is a Deposit Order?

The amount of money ordered by the Tribunal for a deposit order can vary. The Tribunal has broad discretion but typically orders deposit payments ranging from £100 to a maximum of £1,000. The deposit is generally refundable if the case is successful. However, it is unlikely to be refunded if the claimant (or respondent) loses the case and is ordered to pay costs.

In some cases, the Tribunal may issue multiple deposit orders for various allegations or arguments. For instance, in the case of Roberts v RELX Group PLC, a Tribunal ordered the claimant to pay a deposit of £60 for each of 83 allegations, totalling £4,980.

What Happens If the Deposit Is Not Paid?

If a deposit order is made and the claimant (or respondent) fails to pay the deposit by the specified deadline, the Tribunal has the authority to strike out the claim. This means the claim could be dismissed entirely, and the opportunity for the claimant to have their case heard would be lost.

For employers, this can be beneficial as it may lead to the claim being dismissed outright if the claimant is unable to meet the deposit requirements.

Key Points to Consider

Employers should consider the following:

Evaluate the strength of the Claims: Assess whether the claimant’s case has a solid foundation. You can consider whether to apply for a deposit order to ensure that only serious claims proceed.
Apply for a Deposit Order: If you believe that specific allegations in the claimant’s case have little reasonable prospects of success, you may apply for a deposit order to prevent the continuation of those claims. This can help narrow the issues in dispute and potentially reduce costs.
Consider Settlement: You could raise the fact that you intend to make an application for a deposit order to encourage a claimant to properly consider any offer of settlement you may wish to make in the meantime, to see if the dispute can be resolved. Mediation can also be a more cost-effective and efficient way to resolve the dispute without proceeding to a full hearing.
Costs: If a party is required to pay a deposit, and loses the argument to which it relates, it could be seen that continuing with the argument was unreasonable and could put that party at risk of costs. In addition, the Tribunal may order that the deposit is paid to the other party. For these reasons, deposit orders can be used to benefit employers when responding to weak claims.

Conclusion

Deposit orders are an important tool for ensuring that claims are legitimate, and the claimant is serious about pursuing them. If you are considering making an application for a deposit order or have received a deposit order, it’s essential to understand the potential implications for your case.

If you need any legal advice on the Employment Tribunal process, need to respond to an application for a deposit order made against you or have received a deposit order, please get in touch 0800 915 7777

Listen to the audio version of this article below

Article by

Sally Eastwood

Senior Associate

This article provides general information about deposit orders in the Employment Tribunal and is not intended as legal advice. If you're involved in an Employment Tribunal claim, it's strongly recommended that you obtain legal advice to ensure your position is properly assessed and represented.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

14.02.25

The Rise of Unfair Dismissal Claims: What Employers Need to Know

Thu, 13 Feb 2025 11:16:32 GMT

The Rise of Unfair Dismissal Claims: What Employers Need to Know

Unfair dismissal claims are on the rise in the UK, a trend that poses significant challenges for employers. According to recent statistics from the Advisory, Conciliation and Arbitration Service (ACAS), there has been a notable increase in the number of employees seeking recourse through Employment Tribunals. This upward trend is attributed to a variety of factors, including economic instability, evolving workplace dynamics, and heightened employee awareness of their rights. In this article, we explore the key drivers behind the rise in unfair dismissal claims, the legal framework that underpins these claims, and actionable steps employers can take to mitigate risks.

What Constitutes Unfair Dismissal?

Under the Employment Rights Act 1996, employees have the right not to be unfairly dismissed where they have 2 or more years service with their employer.

In some circumstances, employees can bring unfair dismissal claims without 2 years service.

For a dismissal to be deemed fair, employers must demonstrate:

A Fair Reason: The dismissal must be based on one of the five potentially fair reasons: conduct, capability, redundancy, statutory illegality, or some other substantial reason.
A Fair Process: Where the dismissal relates to misconduct or capability, the procedure must follow the ACAS Code of Practice on disciplinary and grievance procedures. If the dismissal is for another reason, the employer should follow a fair procedure.

Failure to meet these criteria can result in a successful unfair dismissal claim by an employee, leading to potential compensation awards and reputational damage.

Why Are Unfair Dismissal Claims Increasing?

Several factors have contributed to the surge in unfair dismissal claims:

1. Economic Pressures

The ongoing economic uncertainty has led many organisations to restructure or downsize. Redundancy processes, if not managed correctly, can easily lead to allegations of unfair dismissal. Employers under financial strain may inadvertently cut corners, exposing themselves to legal challenges.

2. Hybrid and Remote Work Environments

The shift towards hybrid and remote working has created new complexities in managing employee performance and conduct. Miscommunication and a lack of clear policies can result in disputes that escalate to dismissal claims.

3. Increased Employee Awareness

Employees today are more informed about their rights, thanks to accessible online resources and social media platforms. This awareness has empowered individuals to challenge perceived injustices in the workplace.

4. Rising Workplace Conflicts

The post-pandemic workplace has seen an increase in tensions, with many employees struggling to adapt to new working norms. These conflicts can sometimes result in dismissals that employees deem unfair.

The Legal and Financial Implications for Employers

Unfair dismissal claims can have far-reaching consequences for employers. These include:

1. Financial Costs

Compensation awards for unfair dismissal can be substantial. The basic award is calculated based on the employee’s age, length of service, and weekly pay capped at £700, while the compensatory award is capped at the lower of 52 weeks’ gross salary or £115,115 (if the dismissal was on or after 6 April 2024). Exceptions to this cap exist for cases involving whistleblowing and health and safety-related dismissals and where the individual was selected for redundancy for one of these reasons.

2. Reputational Damage

A high-profile unfair dismissal case can tarnish an organisation’s reputation, making it harder to attract and retain top talent. Negative publicity can also impact client and stakeholder relationships.

3. Operational Disruption

Employment Tribunal proceedings are time-consuming and can divert management’s focus away from core business activities.

Practical Steps to Mitigate Risks

Employers can take proactive measures to reduce the likelihood of unfair dismissal claims:

1. Review and Update Policies

Ensure that workplace policies are up to date and clearly communicated to all employees. This includes policies on disciplinary procedures, grievance handling, performance management, and redundancy.

2. Provide Manager Training

Managers should receive regular training on employment law and best practices for handling disciplinary and dismissal processes. This can help ensure that decisions are fair, consistent, and legally compliant.

3. Follow the ACAS Code of Practice

Adhering to the ACAS Code of Practice is crucial. Employers should document all steps taken during the dismissal process, including investigations, meetings, and decision-making rationales.

4. Seek Legal Advice Early

Consulting an employment law specialist at the outset of a potential dismissal can help identify and mitigate risks. Legal advice is particularly important in complex cases involving potential discrimination or whistleblowing claims.

5. Foster a Positive Workplace Culture

Promoting open communication, mutual respect, and employee engagement can reduce workplace conflicts that might otherwise lead to dismissals. Consider conducting regular employee surveys to gauge satisfaction and address concerns proactively.

What to Do if Faced with an Unfair Dismissal Claim

If an employer receives notification of an unfair dismissal claim, the following steps are recommended:

Review the Claim Thoroughly: Assess the employee’s allegations and gather and preserve any relevant evidence including documentation, such as employment contracts, meeting notes, and correspondence.
Engage Legal Representation: An experienced employment lawyer can provide strategic advice and represent the employer’s interests during the Tribunal process.
Consider ACAS Conciliation: If a claim has not yet been issued, ACAS offers a free early conciliation service to help employers and employees resolve disputes without going to Tribunal. Settling early can save time, money, and stress. If a claim has already been issued, ACAS can still assist with discussions regarding settlement whilst a Tribunal claim is ongoing.
Prepare for Tribunal: If conciliation is unsuccessful, prepare a robust defence by compiling evidence, identifying witnesses, and ensuring compliance with Tribunal deadlines.

Conclusion

The rise in unfair dismissal claims presents significant challenges for UK employers. By understanding the legal framework and implementing best practices, organisations can minimise risks and foster a fair and compliant workplace. Investing in proactive measures, such as manager training and legal advice, can pay dividends in protecting both employees and the business from the costly repercussions of unfair dismissal claims.

Listen to the audio version of this article below

Article by

Sally Eastwood

Senior Associate

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

13.02.25

Understanding the Impact of Extended Time Limits for Tribunal Claims

Thu, 23 Jan 2025 11:45:10 GMT

Introduction

The UK employment law landscape is on the brink of a significant transformation with the proposed extension of time limits for tribunal claims. This change, driven by the Employment Rights Bill, aims to double the current limitation period from three to six months. This article delves into the implications of this amendment, exploring its potential benefits and drawbacks for both employees and employers.

Current Time Limits and Their Challenges

Under the existing framework, most employment tribunal claims must be filed within three months of the incident. This includes claims for unfair dismissal, unlawful deductions from wages, and discrimination. The tight timeframe has been a point of contention, with critics arguing that it does not provide sufficient time for claimants to assess their situation, seek legal advice, and navigate internal grievance procedures.

The three-month limit can be particularly challenging for individuals dealing with complex personal issues. For instance, those experiencing discrimination or harassment may need time to process their experiences and gather the courage to come forward, particularly where their health has been seriously affected. Similarly, employees who have been unfairly dismissed might need time to recover from the shock and seek alternative employment before considering legal action.

The Proposed Extension

The Labour government proposes to extend the time limits for bringing most employment tribunal claims from three to six months. This change aligns with the timeframes for statutory redundancy pay and equal pay claims, creating a more consistent set of rules across different types of employment disputes.

The rationale behind this extension is to provide claimants with more time to prepare their cases thoroughly. This includes gathering evidence, consulting with legal experts, and exploring alternative dispute resolution methods such as mediation. By allowing more time, the government aims to ensure that claimants are not rushed into making decisions and can present well-prepared cases at the tribunal.

Benefits of Extended Time Limits

Increased Access to Justice: Extending the time limit provides employees with more time to come to terms with their employment situation, seek appropriate legal advice, and make informed decisions about pursuing a claim.
Better Prepared Cases: With more time at their disposal, claimants can gather evidence more thoroughly, consult multiple legal experts if needed, and better consider the strengths and weaknesses of their case. This enhanced preparation could lead to stronger, more coherent arguments at the tribunal, potentially resulting in fairer outcomes.
Flexibility for Complex Cases: Employment disputes can range from straightforward claims to complex cases involving intricate legal issues or substantial evidence gathering. A six-month timeframe may better accommodate these complexities, ensuring that cases are not rushed or inadequately prepared due to time constraints.
Encouragement of Internal Resolution: With extended time limits, employees might be more inclined to pursue internal grievance procedures before resorting to tribunal claims. This could lead to more disputes being resolved within the workplace, fostering better employer-employee relationships and reducing the burden on the tribunal system.

Drawbacks of Extended Time Limits

Prolonged Uncertainty for Employers: Extending the time limits could lead to prolonged periods of uncertainty for employers, who may have to wait longer to resolve disputes. This could impact business operations and employee morale.
Potential for Increased Claims: With more time to file claims, there may be an increase in the number of tribunal cases. This could strain the tribunal system, leading to longer waiting times for hearings and resolutions.
Challenges in Evidence Preservation: Over extended periods, it may become more challenging to preserve evidence and witness testimonies. This could complicate the resolution of disputes and potentially affect the fairness of outcomes.
Increased Legal Costs: Longer time limits could result in higher legal costs for both parties. Employers might need to allocate more resources to manage potential claims, while employees could face increased legal fees due to the extended preparation period.

Impact on Employers

Employers will need to adapt to the extended time limits by implementing robust record-keeping practices and ensuring that all relevant documentation is preserved for longer periods. This includes maintaining detailed records of employee performance, disciplinary actions, and any grievances raised. Employers should also provide training to managers and HR personnel on handling disputes effectively and in compliance with the new time limits.

Additionally, employers may need to review and update their internal grievance procedures to encourage early resolution of disputes. By addressing issues promptly and fairly, employers can reduce the likelihood of claims escalating to the tribunal stage.

Impact on Employees

For employees, the extended time limits offer a greater opportunity to seek justice and hold employers accountable for unfair treatment. However, employees must also be aware of the potential challenges, such as the need to preserve evidence and the possibility of increased legal costs. Seeking early legal advice and exploring alternative dispute resolution methods can help employees navigate these challenges effectively.

Conclusion

The proposed extension of time limits for tribunal claims represents a significant shift in UK employment law. While it offers clear benefits in terms of access to justice and case preparation, it also presents challenges that need to be carefully managed. Employers and employees alike must stay informed about these changes and their potential impact on the employment tribunal process.

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Article by

Sally Eastwood

Senior Associate

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

23.01.25

Navigating the New Tribunal Landscape: Key Changes in Employment Law for 2025

Wed, 15 Jan 2025 11:59:09 GMT

Employment law is constantly evolving, and 2025 is shaping up to be a landmark year for changes in the employment tribunal system. Businesses and employees alike need to prepare for new rules and procedures to ensure that they remain compliant. Below, we examine the potential updates, the likely impact on employers and workers, and how best to navigate this changing landscape.

1. Modernised Tribunal Processes

Remote hearings and hybrid models

One of the most significant developments is the continued adoption of remote hearings, following the initial pivot towards virtual processes in recent years. In 2025, expect tribunals to offer more hybrid hearing options, combining remote and in-person elements. This shift is designed to increase efficiency and reduce the backlog of employment tribunal cases.

Digital submission and evidence management

New digital platforms are streamlining how claims are submitted and evidence is shared, eliminating lengthy paper trails. Claimants and respondents should familiarise themselves with these online portals, as they will be required for the majority of future cases. The use of secure, cloud-based systems for uploading documentation is anticipated to reduce administrative costs and speed up resolution times.

2. Updated procedural rules

Extended limitation periods

A key proposal under discussion relates to the extension of the limitation periods for certain claims, which would give claimants more time to seek legal advice, gather evidence and issue claims. This change, if passed, could result in a significant increase in claims made against employers. The proposed extension aims to make the tribunal process more accessible for workers, particularly for those who may be unaware of their rights or are initially hesitant to pursue legal action against their employer.

Mandatory ACAS conciliation

ACAS conciliation remains a cornerstone of the employment tribunal process. While it has been compulsory since 2014 to contact ACAS before lodging some claims, it has not been a requirement to participate in early conciliation. The Labour Party has proposed extending and strengthening this process to make early conciliation compulsory for a broader range of employment disputes. If this is implemented, it is not yet clear how this will apply in practice.

3. Enhanced Enforcement Measures

Stricter Penalties for Non-Compliance

To reinforce adherence to employment tribunal rulings, financial penalties for non-compliance may be set to increase in 2025. Employers found to wilfully disregard orders, such as compensation payments, could face more substantial fines and reputational damage.

Focus on workplace culture

Beyond financial penalties, tribunals will continue to place emphasis on workplace culture and policies—particularly regarding bullying, harassment, and discrimination. Demonstrating robust anti-harassment training, clear grievance procedures, and inclusive practices will be essential in mitigating the risk of tribunal claims.

4. Practical tips for employers and employees

Stay updated
Keep track of legislative updates via reliable sources such as GOV.UK, the ACAS website and employment law firms .
Conduct regular compliance audits
Reviewing and complying with policies and procedures helps identify issues early, gives an opportunity for early resolution and reduces the chance of disputes escalating to tribunals. Employers should update policies and procedures to reflect any changes and deliver regular training to key staff to ensure policies are followed.
Embrace digital tools
Learn to navigate emerging tribunal technologies, from online submissions to remote-hearing platforms.
Seek legal advice early
Obtaining professional legal advice at an early stage benefits both employers and employees by helping them navigate potential issues before they escalate. For employers, it can prevent costly legal disputes, ensure compliance with employment laws, and help draft clear contracts and policies. For employees, early legal advice can clarify their rights, protect against unfair treatment, and provide guidance on resolving workplace conflicts swiftly.

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Article by

Sally Eastwood

Senior Associate

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.01.25

Mental Health and Masculinity

Wed, 20 Nov 2024 12:18:48 GMT

Yesterday, I attended an engaging seminar on Mental Health and Masculinity, hosted by the Employment Lawyers Association. Little realising that 19 November was also International Men’s Day—a day dedicated to addressing and improving the wellbeing of men and boys globally.

International Men’s Day aims to:

Make a positive difference to the lives and wellbeing of men and boys,
Promote positive conversations about men, manhood, and masculinity, and
Raise awareness or funds for charities supporting men’s and boys' wellbeing.

The seminar featured insightful discussions. One employment lawyer and mother spoke about her efforts to guide her sons toward healthy notions of masculinity, emphasising the importance of positive male role models.

Another speaker, the founder of the charity Two Pints Down, shared his personal story. He described how, for years, he suppressed his emotions—until one evening, aided by camaraderie and alcohol, he opened up to his friends, only to discover they had similar stories to share. This illustrated how men often find it easier to share their struggles when standing “side by side” rather than in face-to-face interactions. The concept is echoed in initiatives like Men’s Sheds, which foster open conversations while engaging in hobbies or projects together.

One practical takeaway for workplace interactions was a simple but powerful suggestion: instead of asking “How are you?” in the morning, ask, “How are you, out of ten?” This small change can encourage meaningful discussions about mental health.

Another male employment lawyer addressed the stereotypical traits often associated with masculinity. He argued that opening up about inner fears and traumas is not a sign of weakness but rather an act of great courage. This sentiment resonates with my belief that authenticity builds trust and fosters inner strength.

A compelling example of this courage is Sir Elton John. In confronting his own mental health and addiction challenges, he sought treatment despite fears that it might impact his musical talent. Ultimately, his journey strengthened him, allowing him to emerge as a grounded and inspiring male role model.

Tomorrow, 21 November 2024, Parliament is set to hold a debate on International Men’s Day, addressing issues such as education, work, male experience of parenting, physical and mental health, and survivors of abuse. You can access the detailed research briefing here: CDP-2024-0153.pdf .

Louise Maynard

Article by

Ms D Cullingford v The Secretary of State for Justice: 1803 055/2022 - GOV.UK

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

20.11.24

Pets providing emotional support to assist mental health

Mon, 11 Nov 2024 15:39:36 GMT

Pets providing emotional support to assist mental health

In Cullingford v Secretary of State for Justice 2024, the employment tribunal held that the employer was not obliged to permit the claimant to have her dog accompany her in her car for work by way of a reasonable adjustment. Mrs Cullingford, a County Court Bailiff suffered from anxiety linked to cancer and the presence of her dog provided her with emotional support at work. It was not the principle that being accompanied by a pet would not be a reasonable adjustment, but the way Mrs Cullingford pleaded her case. Unfortunately, this case emphasises the importance of getting expert legal advice about presenting the matters (legal issues and evidence) for the Tribunal to consider, when bringing complex tribunal proceedings.

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https://assets.publishing.service.gov.uk/media/6712877fb40d67191077b3c7/Consultation_on_collective_redundancy_fire_rehire.pdf

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

09.11.24

Labour’s First 100 Days in Employment Law: A review of Progress to Date and What Lies ahead in the next 12 – 24 months

Mon, 28 Oct 2024 16:56:34 GMT

Introduction

The Labour Party came into power in 2024 with a promise of substantial reforms aimed at enhancing worker’s rights, improving work-life balance, and addressing inequalities in the workplace.

The Employment Rights Bill

In its first 100 days in office, the Labour Government has introduced The Employment Rights Bill setting out the framework for sweeping changes to employment law, significantly impacting both employers and employees. The Bill is now making its way through Parliament, having had its second reading in the House of Commons on 21 October 2024, although it will be a while before it finishes its passage through Parliament; the final version is approved by the House of Lords and the legislation comes into force by Royal Assent.

A list of the reforms contained in the Employment Rights Bill can be found in the Government’s fact sheet Employment Rights Bill overview

The Bill is still under review and comment including subject to the outcome of public consultation.

Public Consultations

The first three consultations have now been issued by the Department of Trade and Industry (closing date 2 December 2024) seeking views about:

1. Zero Hours Contracts - Extending the zero hours contract provisions in the Bill to agency workers including, if extended, how the obligations would be apportioned between the agency and the hirer. https://www.gov.uk/government/consultations/making-work-pay-the-application-of-zero-hours-contracts-measures-to-agency-workers

2. Collective redundancy and ‘fire and rehire’ practices : The Bill’s proposals:

(i) to increase the maximum penalty payment (known as the protective award) payable to employees by employers abusing the rules about collective consultation from 90 days to 180 days or to remove the cap entirely.

(ii) whether to award interim relief to employees making a claim for a protective award.

(iii) In the case of a ‘fire and rehire’ scenario, whether interim relief should be available for employees claiming unfair dismissal.

The Government is also proposing to gather further views about collective redundancy consultation in 2025 including about doubling the minimum consultation period where an employer is proposing to dismiss 100 or more employees from 45 days to 90 days.

3. The Proposals to modernise Trade Union law.

https://assets.publishing.service.gov.uk/media/6716127ce94bb9726918ee9c/Consultation_creating_modern_framework_industrial_relations.pdf

Further Consultations about modernising trade union law will take place once the current Employment Rights Bill has received Royal Assent, so will not come into force any time soon.

A fourth consultation has been issued by the Department for Work and Pensions (closing on 4 December 2024) relating to:

4. Calculation of SSP : The Bill proposes to remove the current three-day waiting period so that it is available to employees from the first day of sickness absence. It will also remove the lower earnings threshold so that all employees are eligible for SSP. However, some lower paid workers will not be eligible for the flat rate of SSP. The intention is that their SSP will be calculated as a percentage of earnings and the consultation seeks views about the percentage. There is a hint that this might be between 60% - 80%, based on the examples given in the consultation.

https://www.gov.uk/government/consultations/making-work-pay-strengthening-statutory-sick-pay/making-work-pay-strengthening-statutory-sick-pay

The Government anticipates consulting on the remaining reforms in the Bill in 2025, including the proposal to make unfair dismissal a day one right, which has received a lot of attention. The consultation will include the proposal for a lighter-touch dismissal process during a probationary period to enable employers to fairly dismiss employees during the first months of employment if it is not working out. Current suggestions are a six- or nine-month period.

The results of the consultations may influence the final version of the Employment Rights Bill.

The Employment Rights Act [2026]

Once the Employment Rights Bill receives Royal Assent, it will become the Employment Rights Act. It is important to note that the Employment Rights Bill will not provide the detailed legislation about all the changes. It does make provision for the Government to make further regulation about the detail, which will also need to go through Parliament for approval.

Most of the reforms including the day one right to unfair dismissal are not expected to come into force before 2026.

Next Steps for Employers

Employers will be keeping a watching brief on the progress of the reforms including the consultations and considering the impact of the proposed legislation on their HR needs now.

Employers will wish to review and update their HR Policies and prepare for the changes.

If you have any questions about the new reforms, would like to be kept up to date, or need assistance with preparing for them, please do not hesitate to contact Springhouse Solicitors, part of the Kilgannon & Partners LLP Group, employment and immigration law specialists.

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Partner

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

27.10.24

Supporting Mental Health in the Workplace: A Legal Framework for Employers

Thu, 10 Oct 2024 13:24:02 GMT

Supporting Mental Health in the Workplace: A Legal Framework for Employers

Mental health is an increasingly important issue in the workplace, affecting employees’ wellbeing, productivity, and overall satisfaction. As more employees speak up about their struggles, UK employers must ensure they are providing a supportive environment while adhering to legal responsibilities. The legal framework surrounding mental health in the workplace is clear, but understanding how to apply it practically is key to preventing discrimination and promoting a healthy work culture. With World Mental Health Day on 10th October, now is the perfect time for employers to review their obligations and strategies for supporting mental health in the workplace.

The Importance of Mental Health in the Workplace

The impact of mental health on the workforce is significant. In the UK, work-related stress, anxiety, and depression accounted for 914,000 cases of ill health and 17 million working days lost in 2021-2022, according to the Health and Safety Executive (HSE). Poor mental health not only leads to absenteeism but also reduces productivity and morale.

Supporting mental health is therefore essential not only for employee wellbeing but also for maintaining a productive and resilient workforce. Employers must navigate the legal framework surrounding mental health to ensure they meet their obligations while creating a supportive environment.

Legal Obligations for Employers

Several pieces of legislation govern how UK employers should manage mental health in the workplace. Understanding these legal requirements is the first step toward providing appropriate support.

The Equality Act 2010
The Equality Act 2010 prohibits discrimination based on disability, which includes mental health conditions. A mental health condition is considered a disability if it has a “substantial” and “long-term” adverse effect on a person’s ability to carry out normal day-to-day activities. “Substantial” means more than trivial, and “long-term” generally means lasting 12 months or more.

Under this Act, employers must:

Ensure employees with mental health conditions are not treated less favourably than others.
Make reasonable adjustments to accommodate employees with mental health conditions, ensuring they can perform their job effectively.
Prevent harassment or victimisation of employees with mental health conditions.

Conditions like depression, anxiety, bipolar disorder, and post-traumatic stress disorder (PTSD) can all be considered disabilities under the Act if they meet the criteria.

The Health and Safety at Work Act 1974
Employers have a general duty of care under the Health and Safety at Work Act 1974 to ensure the health, safety, and welfare of their employees. This includes mental health. Employers must assess risks to mental health, such as workplace stress, and take appropriate steps to mitigate these risks. Failure to do so could result in legal action if the employer is found to have neglected their duty of care.

The Management of Health and Safety at Work Regulations 1999
These regulations require employers to conduct regular risk assessments, including mental health risks, and implement measures to reduce or eliminate those risks. Employers should assess factors such as excessive workloads, lack of control over tasks, poor communication, or lack of support, all of which can contribute to poor mental health.

The Employment Rights Act 1996
This Act provides protection for employees who face unfair dismissal due to mental health issues. Employers must ensure that employees are not dismissed without first exploring reasonable adjustments or providing adequate support for their mental health condition. If an employer dismisses an employee due to mental health issues without proper cause, in addition to being an act of discrimination under the Equality Act 2010, this could be treated as an unfair dismissal.

Reasonable Adjustments for Mental Health

One of the key legal obligations for employers is making reasonable adjustments to help employees with mental health conditions perform their work effectively. Reasonable adjustments are changes to the workplace or working practices that remove barriers faced by employees with disabilities, including mental health conditions.

Examples of reasonable adjustments for mental health include:

Flexible Working Hours: Allowing employees to adjust their start and finish times, or work remotely, can help them manage stress or anxiety.
Reduced Workload: Adjusting workloads to avoid overwhelming the employee can help them manage their condition while remaining productive.
Providing Additional Breaks: Offering more frequent or longer breaks can allow employees to manage their mental health more effectively throughout the day.
Clear Communication and Supervision: Regular check-ins and clear communication about tasks and expectations can help reduce stress and anxiety.
Phased Return to Work: For employees returning after a mental health-related absence, a phased return to work, gradually increasing hours or responsibilities, can ease them back into the workplace.

Employers should discuss with the employee what adjustments would be most helpful for their condition, as what works for one person may not work for another. It’s essential that the adjustments are tailored to the individual’s needs.

Creating a Supportive Workplace Culture

Beyond legal compliance, employers should strive to create a culture where mental health is openly discussed and supported. This involves fostering an environment where employees feel comfortable speaking about their mental health without fear of discrimination or stigma.

Encouraging Open Conversations
Employers can encourage open conversations about mental health by normalising discussions around mental health issues. This could include offering mental health awareness training, appointing mental health champions within the organisation, or holding regular check-ins where employees can discuss any challenges they are facing.
Offering Mental Health Resources
Providing access to mental health resources, such as Employee Assistance Programmes (EAPs) or counselling services, can give employees a confidential avenue to seek support. Employers can also distribute information about mental health helplines, support groups, and therapy services.
Mental Health Training for Managers
Managers play a critical role in supporting employee wellbeing. Offering mental health first aid training can help managers identify the early signs of mental health issues and understand how to provide appropriate support. This training can equip managers with the skills to have sensitive conversations and guide employees to the right resources.
Promoting Work-Life Balance
Employers should promote work-life balance as a key component of mental health support. This includes encouraging employees to take regular breaks, use their annual leave, and avoid excessive overtime. Promoting a healthy work-life balance can prevent burnout and reduce stress.

Managing Mental Health-Related Absences

Mental health-related absences should be handled with sensitivity and in line with legal obligations. Employers should maintain open communication with employees during their absence, offering support and a clear plan for returning to work. A phased return to work or reduced responsibilities upon return can make the transition easier and reduce the likelihood of further absences.

Employers must ensure that absence management policies do not inadvertently discriminate against employees with mental health conditions. Automatically triggering disciplinary action after a set number of absences, without considering the reasons behind them, could lead to discrimination claims.

Legal Consequences of Failing to Support Mental Health

Failure to comply with legal obligations regarding mental health can lead to serious legal consequences for employers, including:

Discrimination Claims: If an employer fails to make reasonable adjustments for an employee with a mental health condition, or if the employee is treated less favourably because of their condition, this could result in a discrimination claim under the Equality Act 2010.
Unfair Dismissal Claims: Dismissing an employee due to mental health issues without providing adequate support or exploring reasonable adjustments could also lead to a claim for unfair dismissal.
Personal Injury Claims: If an employee’s mental health is harmed due to negligence or failure to manage workplace stress, the employer could face a personal injury claim.

Conclusion

Supporting mental health in the workplace is both a legal obligation and a moral responsibility for employers. By adhering to the legal framework provided by the Equality Act 2010, the Health and Safety at Work Act 1974, and other relevant legislation, employers can ensure they meet their obligations while fostering a supportive and inclusive workplace. As World Mental Health Day approaches, it is an ideal time for employers to review their mental health policies and take proactive steps to create a healthier, more supportive work environment for all employees.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

10.10.24

Handling Mental Health-Related Absences: Best Practices and Legal Obligations

Wed, 09 Oct 2024 10:34:51 GMT

Handling Mental Health-Related Absences: Best Practices and Legal Obligations

Mental health-related absences are a common challenge for employers, as mental health conditions can lead to prolonged or frequent time off work. Understanding how to handle these absences with compassion while fulfilling legal obligations is crucial for maintaining a supportive work environment and avoiding potential legal pitfalls. As we approach World Mental Health Day on 10th October, this article outlines best practices and key legal responsibilities for UK employers when managing mental health-related absences.

The Impact of Mental Health on Absenteeism

Mental health conditions, such as depression, anxiety, and stress, are among the leading causes of long-term absenteeism in the workplace. According to the Health and Safety Executive (HSE), work-related stress, depression, and anxiety account for a significant proportion of work-related illnesses in the UK, leading to lost productivity and increased strain on remaining staff.

For employers, it’s essential to approach mental health-related absences with sensitivity, providing the necessary support to help employees recover while ensuring compliance with employment law.

Legal Framework: Employer Responsibilities

Several pieces of legislation govern how employers should handle mental health-related absences in the UK. The primary legal framework includes the following:

The Equality Act 2010
Mental health conditions may be classified as a disability under the Equality Act 2010 if they have a substantial and long-term impact on an employee's ability to carry out daily activities. Once an employee's mental health condition is recognised as a disability, the employer is legally obligated to make reasonable adjustments to accommodate the employee. These adjustments might include changes to the employee's duties, working hours, or environment to reduce the need for future absences.
Employers should also ensure that employees are not discriminated against because of their mental health condition. Dismissing or penalising an employee solely due to absences related to mental health could constitute discrimination, which is unlawful under the Equality Act.
The Employment Rights Act 1996
The Employment Rights Act 1996 protects employees from unfair dismissal, including those dismissed due to mental health-related absences. Before considering dismissal, employers must exhaust all reasonable options for supporting the employee, such as providing time off, making adjustments, or offering phased returns to work. Failure to follow these steps could result in a claim for unfair dismissal.
The Health and Safety at Work Act 1974
Under the Health and Safety at Work Act 1974, employers have a duty of care to protect the health and wellbeing of their employees, which includes mental health. Employers must assess the risks of work-related stress and take appropriate steps to reduce those risks. Failure to manage mental health-related absences properly could be seen as a breach of this duty of care.

Best Practices for Managing Mental Health-Related Absences

Handling mental health-related absences requires a delicate balance between meeting the employee’s needs and maintaining the business’s operational requirements. Here are some best practices employers should follow to manage these absences effectively:

Maintain Open and Supportive Communication
Regular, empathetic communication is key to managing mental health-related absences. When an employee takes time off due to mental health, it’s important to keep the lines of communication open without making the employee feel pressured to return prematurely. Employers should check in on the employee's wellbeing at appropriate intervals and offer any necessary support, such as access to mental health resources or counselling. Employers should be mindful of their tone and approach during these conversations, focusing on the employee’s wellbeing rather than the business’s needs. For example, asking “How can we support you?” instead of “When are you coming back?” can make the employee feel valued and cared for.
Provide Access to Mental Health Support
Offering access to mental health support services, such as an Employee Assistance Programme (EAP), can help employees manage their mental health more effectively and reduce the likelihood of future absences. Employers can also provide information on external mental health resources, such as helplines or therapy services, to ensure employees receive the support they need.
Additionally, employers should consider providing mental health training to managers, helping them identify early signs of mental health issues and offer appropriate support.
Understand the Need for Time Off
Mental health-related absences may vary in length and frequency depending on the employee’s condition. Employers should recognise that recovery from mental health conditions can be unpredictable and may require extended or intermittent periods of time off. Rather than viewing these absences as a problem, employers should approach them with understanding and flexibility.
If the employee’s condition qualifies as a disability under the Equality Act, the employer is legally obligated to provide reasonable adjustments to help the employee manage their condition without taking excessive time off. These adjustments could include offering flexible working hours or reduced responsibilities upon their return to work.
Create a Plan for Return to Work
Before an employee returns to work after a mental health-related absence, it’s important to have a plan in place that supports their reintegration into the workplace. This may involve offering a phased return to work, where the employee gradually increases their working hours or responsibilities over a period of time.
Employers should hold a return-to-work meeting with the employee to discuss any ongoing support they might need and ensure that any reasonable adjustments are in place. A phased return can prevent the employee from feeling overwhelmed and reduce the risk of further absences.
Make Reasonable Adjustments
As mentioned earlier, employers are legally required to make reasonable adjustments for employees with mental health conditions under the Equality Act. These adjustments are tailored to the individual’s needs and can help prevent further absences by making the work environment more manageable.
Reasonable adjustments might include:

Offering flexible working hours or remote working options.
Reducing workload or reallocating certain tasks.
Allowing additional breaks to manage stress.
Providing regular check-ins with managers to discuss challenges and support.

Handle Absence Records Carefully
Employers should ensure that mental health-related absences are recorded accurately and fairly. Absence records should not automatically trigger disciplinary action if the employee’s absences are linked to a disability under the Equality Act. Employers should consider each case individually and ensure that they are taking the necessary steps to support the employee rather than penalise them for their condition.

Avoiding Common Legal Pitfalls

Employers must be cautious not to penalise employees for mental health-related absences, as this could lead to legal consequences, such as claims of discrimination, unfair dismissal, or failure to make reasonable adjustments. Here are some common pitfalls to avoid:

Unfair Dismissal
Dismissing an employee due to mental health-related absences without exploring reasonable adjustments or offering adequate support could lead to a claim for unfair dismissal. Employers must demonstrate that they have made reasonable efforts to support the employee before considering termination.
Disability Discrimination
Mental health conditions can be classified as disabilities under the Equality Act, and failure to make reasonable adjustments or treating the employee less favourably because of their absences could result in a discrimination claim. Employers must ensure that they are taking all necessary steps to support the employee and avoid unfair treatment.
Failure to Make Reasonable Adjustments
Employers who fail to make reasonable adjustments for employees with mental health conditions may face legal action. It is critical to assess each employee’s needs on a case-by-case basis and provide the necessary accommodations to help them manage their condition.

Conclusion

Handling mental health-related absences requires a compassionate and legally compliant approach. By maintaining open communication, providing access to support, making reasonable adjustments, and following the legal framework, employers can effectively manage mental health-related absences while supporting employee wellbeing. As World Mental Health Day approaches, employers should take the opportunity to review their policies and ensure they are meeting their obligations under UK law.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

10.10.24

Mental Health Discrimination in the Workplace: UK Legal Protections

Tue, 08 Oct 2024 19:15:33 GMT

Mental Health Discrimination in the Workplace: UK Legal Protections

In the UK, mental health discrimination in the workplace is a growing concern as more employees speak up about their struggles with mental health issues. World Mental Health Day, observed on 10th October, provides an opportunity to reflect on the legal protections in place to safeguard employees from discrimination and to promote mental wellbeing in the workplace. This article will explore the legal framework surrounding mental health discrimination, including how the law defines mental health disabilities, employers' responsibilities, and steps businesses can take to prevent discrimination.

Understanding Mental Health Discrimination

Mental health discrimination occurs when an employee is treated less favourably because of a mental health condition. Discrimination can be overt, such as an employee being demoted or fired because of their condition, or more subtle, like being overlooked for a promotion or excluded from certain projects. In the UK, mental health conditions are protected under employment law, ensuring that employees with such conditions have the same rights as those with physical disabilities.

The Equality Act 2010

The primary piece of legislation that protects employees from mental health discrimination is the Equality Act 2010. This Act prohibits discrimination in the workplace based on several protected characteristics, including disability, which can encompass mental health conditions.

For a mental health condition to be considered a disability under the Equality Act, it must:

Have a substantial and long-term adverse effect on the employee’s ability to carry out normal day-to-day activities.
Be likely to last for 12 months or more.

Conditions such as depression, anxiety, schizophrenia, bipolar disorder, and post-traumatic stress disorder (PTSD) can all qualify as disabilities under the Equality Act if they meet these criteria.

Types of Mental Health Discrimination

There are several forms of mental health discrimination that are prohibited under the Equality Act. Employers should be aware of these different types to ensure they are not inadvertently discriminating against employees with mental health conditions:

Direct Discrimination
Direct discrimination occurs when an employee is treated less favourably because of their mental health condition. For example, if an employee with depression is passed over for a promotion despite having the necessary skills and experience, this could be considered direct discrimination.
Indirect Discrimination
Indirect discrimination occurs when a workplace policy or practice applies to all employees but disadvantages those with a mental health condition. For instance, a company might have a practice or policy of requiring all employees to work long hours, which could negatively affect someone with an anxiety disorder. If the policy cannot be justified as necessary for the business, it may be considered discriminatory.
Discrimination Arising from Disability
This form of discrimination happens when an employee is treated unfavourably because of something related to their mental health condition, rather than the condition itself. For example, if an employee is dismissed for taking time off work due to their mental health, this could be considered discrimination arising from disability unless the employer can demonstrate that the dismissal was justified.
Harassment
Harassment occurs when an employee is subjected to unwanted behaviour related to their mental health condition that creates a hostile, intimidating, or degrading environment. This could include derogatory comments or jokes about an employee's mental health.
Victimisation
Victimisation occurs when an employee is treated unfairly because they have made a complaint about discrimination or supported a colleague in doing so. For example, if an employee who raises concerns about mental health discrimination is then subjected to bullying or retaliation, this would constitute victimisation.

Employer Responsibilities to Prevent Mental Health Discrimination

Employers in the UK are legally required to take steps to prevent mental health discrimination in the workplace. This involves not only adhering to the Equality Act but also fostering a culture of inclusion and support. Here are some key responsibilities for employers:

Making Reasonable Adjustments
Under the Equality Act, employers are obligated to make “reasonable adjustments” for employees with mental health conditions to help them perform their job effectively. Reasonable adjustments might include:

Flexible working arrangements, such as reduced hours or the option to work from home.
Adjusting the employee’s workload or responsibilities.
Providing additional breaks or time off for medical appointments.
Offering access to mental health support services, such as counselling.

The aim of these adjustments is to remove any disadvantages that an employee with a mental health condition may face compared to their colleagues. Employers should work closely with the employee to identify the adjustments that would best support their needs.

Addressing Workplace Stress
Employers also have a responsibility under the Health and Safety at Work Act 1974 to ensure the mental well-being of their employees by identifying and mitigating workplace stress. High levels of workplace stress can contribute to or exacerbate mental health issues, leading to absences and reduced productivity. Employers should conduct regular risk assessments to identify potential stressors and take proactive measures to create a supportive environment.
Promoting Mental Health Awareness
Encouraging open conversations about mental health can help reduce stigma and discrimination in the workplace. Employers should provide training to managers and staff on mental health awareness, including how to recognise the signs of mental health conditions and how to offer support.

A clear mental health policy can also demonstrate the organisation’s commitment to supporting employees with mental health conditions. This policy should outline the company’s approach to making reasonable adjustments, handling absences related to mental health, and addressing discrimination or harassment.

Legal Consequences of Mental Health Discrimination

Failure to prevent mental health discrimination can have serious legal consequences for employers. Employees who believe they have been discriminated against can bring a claim to an Employment Tribunal. If the Tribunal finds in favour of the employee, the employer may be ordered to pay compensation, which could include financial losses as well as compensation for injury to feelings.

In some cases, employers may also face claims for constructive dismissal if the employee feels forced to resign because of ongoing discrimination. Additionally, claims for personal injury may be brought if an employee’s mental health condition is caused or worsened by workplace discrimination or stress.

Preventing Mental Health Discrimination: Best Practices

To reduce the risk of mental health discrimination claims and create a more inclusive workplace, employers can implement the following best practices:

Develop a Comprehensive Mental Health Policy: A clear policy that addresses how the company will support employees with mental health conditions, make reasonable adjustments, and handle complaints of discrimination is essential.
Offer Mental Health Support Services: Providing access to Employee Assistance Programmes (EAPs) or counselling services can give employees the tools they need to manage their mental health.
Train Managers and Staff on Mental Health Awareness: Ensure that everyone in the workplace understands their role in preventing mental health discrimination and knows how to support colleagues with mental health conditions.
Encourage Open Conversations: Fostering a culture where employees feel comfortable discussing their mental health can help reduce stigma and discrimination.

Conclusion

Mental health discrimination in the workplace is not only unlawful but can also have a significant impact on employees’ well-being and productivity. By adhering to the Equality Act 2010, making reasonable adjustments, and fostering an inclusive and supportive work environment, UK employers can protect their staff from discrimination and ensure that mental health is treated with the same seriousness as physical health. With World Mental Health Day approaching, now is an ideal time for employers to review their mental health policies and take steps to ensure they are meeting their legal obligations.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

09.10.24

Reasonable Adjustments for Mental Health: A Guide for UK Employers

Mon, 07 Oct 2024 12:03:40 GMT

Supporting employees with mental health conditions is not just an ethical responsibility for UK employers; it’s a legal obligation under the Equality Act 2010. As we approach World Mental Health Day on 10th October, it’s crucial for employers to understand what reasonable adjustments are, how they can be applied to mental health, and the steps they should take to comply with UK law while fostering an inclusive and supportive work environment.

What Are Reasonable Adjustments?

Reasonable adjustments are changes made by an employer to remove or reduce disadvantages experienced by employees with disabilities. While this term is often associated with physical disabilities, mental health conditions are equally covered under the Equality Act 2010.

To qualify as a disability under the Act, a mental health condition must:

● Have a substantial, long-term adverse effect on the employee's ability to carry out normal day-to-day activities. “Substantial” means more than minor or trivial, and “long-term” generally means lasting 12 months or more.

Conditions such as depression, anxiety, bipolar disorder, post-traumatic stress disorder (PTSD), and schizophrenia can be considered disabilities if they meet these criteria. Once an employee’s condition qualifies as a disability, the employer has a duty to make reasonable adjustments to help them perform their job effectively and without unfair disadvantage.

Why Are Reasonable Adjustments Important for Mental Health?

Mental health conditions can manifest in various ways, such as difficulties concentrating, communicating, managing workloads, or coping with stressful situations. Reasonable adjustments can help create a supportive work environment that allows employees with mental health issues to manage their condition while maintaining productivity.

Failing to make these adjustments could lead to claims of discrimination under the Equality Act, as well as poor employee morale, reduced productivity, and higher absenteeism rates.

Examples of Reasonable Adjustments for Mental Health

Reasonable adjustments will vary depending on the individual employee’s condition, role, and the specific demands of their job. Below are some common examples of reasonable adjustments that can be made to support employees with mental health conditions:

1. Flexible Working Hours

One of the most common adjustments for mental health is offering flexibility around working hours. Some employees may find traditional 9-to-5 schedules difficult to maintain, particularly if they need to attend therapy sessions or experience fluctuating energy levels due to their condition. Allowing employees to start later, finish earlier, or work reduced hours can help them manage their mental health while continuing to contribute effectively.

2. Remote Working

For some employees, working from home can reduce stress and provide a more comfortable and less overwhelming environment. Remote working may also provide employees with the flexibility to manage their mental health needs more effectively. Employers should consider offering full or partial remote working options to employees with mental health conditions, particularly where commuting or a noisy office environment may exacerbate their symptoms.

3. Adjusting Job Duties

In some cases, certain tasks or responsibilities may be particularly stressful or trigger anxiety for employees with mental health conditions. Employers may need to adjust or reallocate these tasks temporarily or permanently. For example, if an employee’s anxiety worsens when they are required to make presentations, the employer could arrange for a colleague to take on this responsibility.

4. Additional Breaks or Rest Periods

Employees with mental health conditions may need more frequent breaks to manage their stress levels or take time out for mindfulness or relaxation exercises. Employers can offer flexible break schedules, allowing employees to take short breaks when needed, as well as providing quiet spaces where employees can retreat to relax and recharge.

5. Providing Mental Health Support

Employers should consider offering access to mental health support services, such as Employee Assistance Programmes (EAPs) or counselling services. Additionally, having mental health champions or trained first-aiders within the workplace can provide employees with a confidential resource to discuss any concerns and access further help if needed.

6. Phased Return to Work

For employees who have taken extended leave due to mental health issues, a phased return to work can make the transition back into the workplace smoother. This could involve gradually increasing the number of hours worked per week or reintroducing job responsibilities in stages, allowing the employee to adjust at their own pace.

7. Providing Clear Communication and Support

Employees with mental health conditions may benefit from additional supervision or clear communication. Regular check-ins with managers to discuss workloads, challenges, and mental health can ensure that the employee feels supported. Providing clear and manageable tasks, along with regular feedback, can help employees manage their workload without feeling overwhelmed.

8. Training and Awareness for Colleagues and Managers

Sometimes, the best adjustment for employees with mental health conditions is a more understanding and informed workplace culture. Employers should consider offering mental health awareness training for managers and colleagues. This can help break down stigma, encourage open conversations about mental health, and create a more supportive environment for employees.

How to Implement Reasonable Adjustments for Mental Health

To ensure reasonable adjustments are effective and legally compliant, employers should follow these key steps:

1. Open a Dialogue

Employers should encourage open and honest conversations about mental health in the workplace. If an employee discloses that they are struggling with a mental health condition, it’s important to approach the conversation with empathy and without judgement. Employers should ask what adjustments the employee believes would help them perform their role better, rather than making assumptions.

2. Assess the Employee’s Needs

Once an employee has disclosed a mental health condition, the employer should work collaboratively with them to assess their needs. This may involve seeking medical advice or input from occupational health professionals to determine what reasonable adjustments are necessary and appropriate.

3. Consider Practicality and Feasibility

The adjustments must be "reasonable," meaning they should be practical for the employer to implement without causing undue hardship. Factors such as the size and resources of the organisation, the cost of the adjustment, and the specific role of the employee should all be considered. However, the focus should always be on finding solutions that support the employee in managing their condition while performing their job effectively.

4. Monitor and Review Adjustments

Adjustments may need to be reviewed periodically to ensure they continue to meet the employee’s needs. Mental health conditions can fluctuate over time, so what works today may need to be adjusted in the future. Regular check-ins with the employee can ensure that any adjustments remain relevant and effective.

The Legal Consequences of Failing to Make Reasonable Adjustments

Employers who fail to make reasonable adjustments for employees with mental health conditions risk facing legal claims for discrimination under the Equality Act 2010. This could result in significant financial penalties, as well as damage to the organisation’s reputation. Additionally, failure to support employees with mental health conditions could lead to higher rates of absenteeism, reduced productivity, and increased staff turnover.

Conclusion

Reasonable adjustments are a critical aspect of supporting employees with mental health conditions in the workplace. By making these adjustments, employers not only fulfil their legal obligations under the Equality Act 2010 but also create a more inclusive and supportive work environment that fosters employee wellbeing and productivity. As World Mental Health Day approaches, now is the perfect time for employers to review their policies on mental health and reasonable adjustments, ensuring they are doing everything they can to support their workforce.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.10.24

How the Equality Act Protects Employees with Mental Health Conditions

Mon, 07 Oct 2024 11:52:35 GMT

The Equality Act 2010 is a key piece of legislation in the UK that aims to protect employees from discrimination in the workplace. While much of the focus on this Act has been on physical disabilities, mental health conditions are also covered under its provisions. As we approach World Mental Health Day on 10th October, it’s important to understand how the Equality Act protects employees with mental health conditions, and what employers must do to ensure they meet their legal obligations.

What is the Equality Act 2010?

The Equality Act 2010 is a law that brings together various anti-discrimination laws into one cohesive framework. It protects individuals from discrimination based on several protected characteristics, including disability. Under the Act, a disability can refer to both physical and mental impairments that have a significant, long-term impact on a person’s ability to carry out daily activities.

Mental health conditions can therefore qualify as a disability under the Equality Act, provided they meet the criteria set out by the legislation. It is important to recognise that the Act applies to all aspects of employment, from recruitment and promotion to dismissal and retirement.

When is a Mental Health Condition Considered a Disability?

For a mental health condition to be considered a disability under the Equality Act, it must meet the following criteria:

● Substantial Effect: The condition must have a substantial adverse effect on the individual’s ability to carry out normal day-to-day activities. This means the impact must be more than minor or trivial.

● Long-Term: The condition must be long-term, meaning it has lasted, or is expected to last, for at least 12 months. Even if the condition fluctuates in intensity, it can still be considered long-term if it has ongoing effects.

● Daily Activities: The condition must affect the individual's ability to carry out normal daily activities, such as concentrating, interacting with others, or managing workload.

Conditions such as depression, anxiety, schizophrenia, bipolar disorder, and post-traumatic stress disorder (PTSD) can all be considered disabilities under the Equality Act, provided they meet these criteria.

What Protections Does the Equality Act Offer?

If a mental health condition amounts to a disability under the Equality Act, the employee is entitled to several protections. These protections are designed to prevent discrimination and ensure that the employee is treated fairly in the workplace. Some key protections include:

1. Protection from Discrimination

The Equality Act prohibits discrimination based on disability in all aspects of employment. There are several types of discrimination that can occur in relation to mental health:

○ Direct Discrimination: This occurs when an employee is treated less favourably because of their mental health condition. For example, refusing to promote someone solely because they have disclosed a mental health condition would be considered direct discrimination.

○ Indirect Discrimination: This happens when a workplace policy or practice applies to everyone but disproportionately disadvantages employees with mental health conditions. For example, a policy requiring employees to work long hours could indirectly discriminate against someone with an anxiety disorder who struggles with extended periods of work.

○ Discrimination Arising from Disability: This occurs when an employee is treated unfavourably because of something related to their mental health condition, such as taking time off for treatment. If the employer cannot show that the treatment is justified, this could be considered discrimination arising from disability.

○ Harassment: The Act also prohibits harassment related to an employee's mental health condition. Harassment is unwanted behaviour that violates the dignity of the employee or creates an intimidating, hostile, degrading, or offensive environment. For example, making jokes about an employee's mental health condition could be considered harassment.

○ Victimisation: If an employee raises concerns about mental health discrimination or supports a colleague in doing so, they are protected from victimisation. For example, if an employee is unfairly treated after filing a grievance about mental health discrimination, this would be considered victimisation.

2. Reasonable Adjustments

One of the key protections for employees with mental health conditions is the right to "reasonable adjustments." Employers are required to make changes to the work environment or the way work is done to accommodate an employee's disability. These adjustments are designed to remove or reduce any disadvantages the employee may face because of their mental health condition.

Reasonable adjustments for mental health conditions can include:

○ Offering flexible working hours to accommodate therapy sessions or treatments.

○ Allowing remote working or adjusting workloads to reduce stress.

○ Modifying job duties if certain tasks exacerbate the employee’s condition.

○ Providing additional support, such as regular check-ins with managers or access to counselling services.

3. The aim is to ensure that employees with mental health conditions are not put at a disadvantage compared to their colleagues. Employers must work collaboratively with employees to determine what adjustments are necessary and feasible.

4. Protection from Unfair Dismissal

Employees with mental health conditions are protected from being unfairly dismissed under the Equality Act. If an employee is dismissed because of their mental health condition, without the employer exploring reasonable adjustments or offering appropriate support, this could be considered discrimination.

For example, if an employee is dismissed after taking time off work due to depression, but the employer has not offered any support or reasonable adjustments to help them manage their condition, this could constitute unfair dismissal. Employers must take care to follow fair procedures when considering dismissal and ensure that all other options, such as adjustments to the employee's role, have been explored.

What are Employers’ Legal Obligations?

Employers in the UK have a legal obligation to take steps to prevent discrimination and support employees with mental health conditions. Here are some of the key obligations under the Equality Act:

1. Making Reasonable Adjustments

Employers must take proactive steps to make reasonable adjustments for employees with mental health conditions. The adjustments should be tailored to the employee’s needs and must be designed to enable them to perform their role effectively without facing unnecessary disadvantages.

Employers should engage in open discussions with the employee to understand their needs and determine what adjustments are appropriate. It is important to note that what constitutes a "reasonable" adjustment will depend on factors such as the size and resources of the organisation, as well as the specific nature of the employee’s condition.

2. Preventing Discrimination

Employers must ensure that they have policies and procedures in place to prevent discrimination based on mental health. This includes reviewing workplace policies to ensure they do not inadvertently disadvantage employees with mental health conditions and providing training to managers and staff on mental health awareness.

Employers should also have clear processes in place for handling complaints of discrimination, harassment, or victimisation, and ensure that employees feel safe and supported when raising concerns.

3. Supporting Mental Health in the Workplace

Beyond the legal obligations, employers should also aim to create a workplace culture that supports mental health. This can involve offering access to Employee Assistance Programmes (EAPs), providing mental health first aid training, or appointing mental health champions within the organisation. Creating an environment where employees feel comfortable discussing their mental health can help reduce stigma and encourage employees to seek support when needed.

Conclusion

The Equality Act 2010 provides vital protections for employees with mental health conditions, ensuring they are treated fairly and without discrimination in the workplace. By making reasonable adjustments, preventing discrimination, and fostering a supportive work environment, employers can not only fulfil their legal obligations but also promote better mental health outcomes for their staff. As World Mental Health Day approaches, now is the perfect time for employers to review their mental health policies and ensure they are meeting the needs of all employees.

Article by

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.10.24

Workplace Stress and the Law: How Employers Can Support Employee Wellbeing

Mon, 07 Oct 2024 11:42:35 GMT

Workplace Stress and the Law: How Employers Can Support Employee Wellbeing

In the modern workplace, stress is often considered an inevitable part of the job. However, when stress becomes overwhelming, it can lead to significant mental health issues such as anxiety, depression, and burnout. In the UK, employers have a legal responsibility to manage workplace stress and support employee wellbeing. As we approach World Mental Health Day on 10th October, this article explores the legal framework around workplace stress and provides guidance on how employers can take steps to create a healthier, more supportive work environment.

Understanding Workplace Stress

Workplace stress is defined by the Health and Safety Executive (HSE) as "the adverse reaction people have to excessive pressures or other types of demand placed on them at work." A certain level of stress can motivate employees to meet deadlines and challenges, but when these pressures become excessive or unmanageable, it can result in mental and physical health problems.

Some common causes of workplace stress include:

● Excessive workloads and unrealistic deadlines.

● Lack of control or autonomy over work tasks.

● Poor communication and unclear job expectations.

● Long hours and work-life imbalance.

● Inadequate support from managers or colleagues.

● Job insecurity or organisational changes.

When left unaddressed, workplace stress can reduce productivity, increase absenteeism, and contribute to employee turnover.

The Legal Framework: Employer Responsibilities for Workplace Stress

UK employers have a duty of care to protect their employees’ health, safety, and wellbeing, including their mental health. Several pieces of legislation govern employer responsibilities when it comes to managing workplace stress:

1. The Health and Safety at Work Act 1974

The cornerstone of health and safety law in the UK, the Health and Safety at Work Act 1974 requires employers to ensure the health, safety, and welfare of their employees. This includes both physical and mental health. Employers must take reasonable steps to prevent risks to health, including those posed by workplace stress.

Under this Act, employers must:

Conduct risk assessments to identify workplace hazards, including those related to mental health and stress.
Take appropriate action to mitigate these risks, such as adjusting workloads, improving communication, or providing support.

2. The Management of Health and Safety at Work Regulations 1999

These regulations build on the Health and Safety at Work Act by requiring employers to carry out specific risk assessments, including those related to workplace stress. Employers must assess the risks employees face in their work environment and take proactive measures to reduce or eliminate those risks. This could include adjusting workloads, providing better resources, or improving workplace communication.

3. The Equality Act 2010

The Equality Act 2010 provides protection against discrimination for employees with disabilities, including mental health conditions. If workplace stress leads to a mental health condition that meets the definition of a disability (i.e., it has a substantial and long-term impact on the employee’s ability to perform everyday tasks), the employer is required to make reasonable adjustments. This might include offering flexible working arrangements, adjusting job duties, or providing additional support to help the employee manage their condition.

4. The Employment Rights Act 1996

Under this Act, eligible employees have the right not to be unfairly dismissed. If an employee is dismissed because of absences related to disability, which could include stress or mental health, and the employer has not taken reasonable steps to support them, this could be considered unfair dismissal. Employers must carefully manage stress-related absences and ensure they provide adequate support before considering dismissal.

Preventing Workplace Stress: Best Practices for Employers

To fulfil their legal obligations and create a supportive work environment, employers must take proactive steps to manage workplace stress. The following best practices can help employers prevent stress-related issues and support employee wellbeing:

1. Conduct Regular Risk Assessments

Employers are legally required to conduct risk assessments, which should include an evaluation of stress-related risks in the workplace. Risk assessments should identify the key causes of stress, such as heavy workloads or lack of control over work, and outline strategies to reduce or eliminate these stressors. Employers should review risk assessments regularly and update them as needed, particularly in times of organisational change.

2. Encourage Open Communication

One of the most effective ways to manage workplace stress is to encourage open and honest communication between employees and management. Employers should create an environment where employees feel comfortable discussing their workloads, challenges, and any stress they may be experiencing. Regular one-on-one check-ins can provide employees with a platform to raise concerns and seek support.

Employers should also provide clear channels for reporting stress-related issues, whether through line managers, HR, or an employee assistance programme (EAP).

3. Offer Flexibility and Control

Giving employees more control over their work can significantly reduce stress. Employers should consider offering flexible working arrangements, such as remote working, flexible hours, or part-time options, particularly for employees who may be struggling with stress. Allowing employees to have a say in their work schedule and environment can alleviate feelings of being overwhelmed.

Additionally, allowing employees to have input on their tasks and priorities can help them feel more in control and reduce stress.

4. Provide Access to Mental Health Support

Employers should ensure that employees have access to mental health support, such as counselling services, EAPs, or workplace mental health champions. Offering confidential support can help employees manage stress before it escalates into more serious mental health conditions. Employers should also provide information on external mental health resources and encourage employees to seek help when needed.

Mental health training for managers can also help them spot the early signs of stress in their team members and offer support.

5. Promote Work-Life Balance

Promoting a healthy work-life balance is crucial for preventing burnout and managing stress. Employers should discourage excessive overtime and encourage employees to take regular breaks throughout the day. Ensuring employees take their annual leave is essential to providing time for rest and recovery.

Employers should lead by example, encouraging senior staff to model healthy work-life boundaries and create a culture that values employee wellbeing.

6. Address Workloads and Deadlines

Excessive workloads and tight deadlines are common causes of stress. Employers should regularly review employees' workloads to ensure they are manageable and realistic. If employees are consistently working long hours or struggling to meet deadlines, it may be necessary to redistribute tasks or hire additional staff.

Supporting Employees with Stress-Related Absences

When an employee is absent due to stress, employers must handle the situation sensitively and in line with their legal obligations. It’s important to maintain regular communication with the employee during their absence without putting pressure on them to return to work prematurely.

Employers should consider offering a phased return to work or adjustments to the employee’s workload to ease their transition back into the workplace. Additionally, providing ongoing support, such as regular check-ins and access to counselling, can help prevent future stress-related absences.

Legal Consequences of Failing to Manage Workplace Stress

Failing to manage workplace stress can result in serious legal consequences for employers. Employees who suffer from stress-related mental health conditions may bring claims for personal injury, constructive dismissal, or unfair dismissal if they feel their employer has not taken appropriate action to support them.

In some cases, employers may face claims for disability discrimination under the Equality Act if they fail to make reasonable adjustments for employees with stress-related mental health conditions.

Conclusion

Workplace stress is a significant issue that affects both employees’ wellbeing and organisational performance. UK employers have a legal duty to manage workplace stress and support their employees' mental health, particularly under the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999, and the Equality Act 2010. By conducting risk assessments, encouraging open communication, offering flexibility, and providing access to mental health support, employers can create a work environment that promotes wellbeing and reduces the risk of stress-related health issues.

As we approach World Mental Health Day, it’s an opportune time for employers to review their policies and practices, ensuring they meet their legal obligations and prioritise employee wellbeing.

Article by

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

02.10.24

Expanding the Scope of Indirect Discrimination Claims: Implications for Employers

Wed, 02 Oct 2024 11:13:54 GMT

Overview of British Airways Plc v Rollett & Others [2024] EAT 131

The Employment Appeal Tribunal (EAT) delivered a landmark ruling on August 15, 2024, in the case of British Airways Plc v Rollett & Others [2024] EAT 131. This decision significantly broadened the scope of indirect discrimination under the Equality Act 2010.

Background of the Case

British Airways underwent a restructuring exercise that led to changes in work scheduling. These changes disproportionately affected two main groups of employees:

Non-British Nationals Living Abroad: They argued that the new schedules placed them at a substantial disadvantage compared to other employees.
Female Employees with Childcare Responsibilities: They claimed that the scheduling changes made it more difficult to balance work and personal duties, amounting to indirect sex discrimination.

What made this case particularly noteworthy was that other employees, who did not share these protected characteristics, brought similar claims:

A British National Living Abroad: Despite being a British national, she faced the same disadvantages as non-British nationals living abroad due to the new scheduling.
A Male Employee with Childcare Responsibilities: He argued that the changes also adversely affected him, even though indirect sex discrimination traditionally focuses on disadvantages to female employees.

The Ruling

The Employment Tribunal initially ruled in favor of allowing these claims. Upon appeal, the EAT confirmed that under Section 19 of the Equality Act 2010, employees could bring indirect discrimination claims if they experience the same disadvantage as those who share a protected characteristic, even if they do not share that characteristic themselves.

This ruling sets a new precedent by emphasizing that the focus of indirect discrimination is on the disadvantage caused by a policy, rather than strictly on whether the claimant possesses the protected characteristic.

Implications for Employers

The decision in this case has significant ramifications for employers:

Broader Evaluation of Policies: Employers must now consider the impact of their policies on all employees, not just those belonging to traditionally protected groups.
Risk of Expanded Claims: There is an increased potential for indirect discrimination claims from employees who do not share the protected characteristic but are similarly disadvantaged by a policy.
Fairness and Inclusivity: Employers should strive to ensure that workplace policies are fair and inclusive, minimizing any disproportionate negative effects on any group of employees.

Action Points for Employers

Policy Review: Regularly review workplace policies and practices to identify any that might inadvertently disadvantage certain groups of employees.
Impact Assessments: Conduct thorough impact assessments when introducing new policies to understand their potential effects on all employee demographics.
Consultation and Feedback: Engage with employees to gather feedback on policies, ensuring that concerns are heard and addressed proactively.
Training and Awareness: Provide training for management and HR personnel on the expanded understanding of indirect discrimination to ensure compliance with the law.

Conclusion

The British Airways Plc v Rollett & Others ruling underscores the importance of focusing on the actual disadvantages caused by workplace policies. Employers are now obliged to be more vigilant in assessing the broader impacts of their decisions, ensuring equity and fairness for all employees, regardless of whether they possess a protected characteristic under the Equality Act 2010.

By proactively addressing these considerations, employers can foster a more inclusive work environment and mitigate the risk of indirect discrimination claims.

Article by

Springhouse Solicitors

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

02.10.24

Shift Work Burnout & Rights | Springhouse Solicitors

Sun, 11 Aug 2024 13:30:52 GMT

Shift Work, Burnout, and Your Rights: Navigating the Challenges of Healthcare Employment

Shift work is a necessity in the healthcare sector, ensuring round-the-clock care. However, long hours, night shifts, and irregular schedules can take a significant toll on healthcare workers' physical and mental health, increasing the risk of burnout. This article outlines your legal rights regarding rest breaks, the impact of shift work, and your employer's obligations to minimise the risks.

Understanding Your Legal Rest Entitlements

The Working Time Regulations 1998 govern working hours and rest periods for most UK workers, including healthcare employees. Key entitlements include:

Daily Rest: A minimum of 11 consecutive hours of rest in any 24-hour period, typically between shifts.
Weekly Rest: A minimum of 24 hours uninterrupted rest per week, or 48 hours uninterrupted rest per fortnight.
Rest Breaks: A 20-minute rest break if working longer than 6 hours at a stretch.
Night Worker Limits: Average working hours for night workers must not exceed 8 hours in any 24-hour period (calculated over a reference period).
Opt-Out Options: Some regulations have opt-out provisions for individual or collective agreement, but this should be negotiated with caution, prioritising health and safety.

The Impact of Shift Work on Health

Disrupted Sleep: Shift work, especially rotating or night shifts, disrupts the body's natural sleep-wake cycle (circadian rhythm) leading to sleep deprivation and insomnia.
Increased Health Risks: Studies link shift work to a higher risk of health problems like heart disease, metabolic disorders, and certain types of cancer.
Mental Health Strain: Shift work can cause fatigue, irritability, difficulty concentrating, and increase the risk of depression and anxiety.
Social Impacts: Irregular hours can make it difficult to maintain relationships and participate in social activities.

Your Employer's Obligations

Employers in the healthcare sector have a duty of care to their employees. This includes:

Risk Assessments: Conducting regular risk assessments to identify hazards associated with shift work and implement measures to mitigate those risks.
Supporting Healthy Schedules: Where possible, designing shift schedules that minimise long hours, night shifts, and minimise quick turnarounds between shifts.
Health Surveillance: Offer health checks for employees engaged in shift work, especially night shifts, to monitor and address any potential health impacts.
Access to Support: Provide resources, information, and facilitate access to support services focused on managing the physical and mental challenges of shift work.

Tips for Managing Shift Work & Burnout

Prioritise Sleep: Create a sleep-conducive environment, stick to a regular sleep schedule when possible, and consider naps strategically.
Healthy Habits: Focus on nutritious eating, regular exercise, and stress reduction techniques.
Communication is Key: Talk to your manager about any difficulties with your shift schedule. Explore flexibility if possible.
Seek Support: Don't hesitate to talk to your GP, access occupational health services, or seek counselling if you're struggling.

Where to Find Help

Your Union: Union representatives can provide advice and support on your shift working rights.
ACAS: https://www.acas.org.uk/ provides information and guidance on working hours and rest breaks.
NHS Staff Support Line: Offers confidential listening services for NHS workers.

Disclaimer This article is for general information and not a substitute for medical or legal advice. Always consult with your doctor about health concerns and an employment law specialist regarding your specific shift work rights.

Article by

Marianne Wight

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

11.09.24

Mental Health at Work: Legal Obligations and Best Practices for UK Employers

Sun, 11 Aug 2024 12:48:10 GMT

Mental Health at Work: Legal Obligations and Best Practices for UK Employers

Mental health conditions are becoming increasingly prevalent in UK workplaces, with far-reaching consequences for employees, businesses, and society as a whole. Employers have a duty of care towards their employees' mental wellbeing, and certain mental health conditions may also be recognised as disabilities under the Equality Act 2010.

This article outlines key legal obligations for UK employers and provides practical strategies for fostering a mentally healthy workplace.

Understanding Legal Obligations

The Equality Act 2010: Employers must not discriminate against employees with mental health conditions that qualify as disabilities. This includes making reasonable adjustments to help them perform their roles effectively.
Health and Safety at Work Act 1974: Employers have a general duty of care to protect the health, safety, and welfare of all employees, including their mental health. This means taking reasonable steps to manage stress, prevent bullying and harassment, and support employees facing mental health challenges.
Data Protection: Employers must handle employee ’s mental health personal information data and particularly details of their health with sensitivity and comply with the UK GDPR and the Data Protection Act 2018.

Best Practices for Supporting Mental Health

Beyond legal compliance, proactive steps towards creating a mentally healthy workplace yield numerous benefits:

Open and Supportive Culture: Challenge stigma around mental health and encourage open conversations. Leaders should model vulnerability and set the tone for a supportive environment.
Mental Health Awareness Training: Offer training to managers and employees on recognizing signs of mental distress, providing support, and signposting to available resources.
Risk Assessments: Conduct workplace risk assessments to identify potential stressors and implement preventive measures. Consider factors like workload, deadlines, workplace relationships, and job control.
Promote Work-life Balance: Encourage healthy working hours, flexible arrangements when possible, and promote the importance of taking breaks and annual leave.
Mental Health First Aiders: Consider training Mental Health First Aiders within the workplace, providing a designated point of contact for employees.
Employee Assistance Programmes (EAPs): Offer confidential counselling or support services through an Employee Assistance Programme.

Practical Tips

Develop a Mental Health Policy: Have a clear policy outlining the organization's commitment to mental wellbeing, support mechanisms available, and procedures for handling mental health-related issues.
Regular Communication: Maintain open channels for employees to raise concerns about workload, stress, or any issues affecting their mental health.
Address Workplace Bullying and Harassment: Have a zero-tolerance policy and effective procedures for addressing these issues promptly.
Support Return to Work: Create a supportive plan for employees returning after mental health-related absences, considering any necessary adjustments.

Key Takeaways

Prioritizing mental wellbeing isn't just a moral imperative; it's good business practice. Proactive strategies foster a happier, healthier, and more productive workforce, while also reducing the risk of legal liabilities. Investing in mental health support demonstrates organizational commitment to employee wellbeing and promotes a positive company culture.

Resources

Mind: https://www.mind.org.uk/
ACAS: https://www.acas.org.uk/supporting-mental-health-workplace
Health and Safety Executive (HSE): https://www.hse.gov.uk/stress/index.htm

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

11.09.24

The Kings Speech - the new Government’s proposals

Wed, 17 Jul 2024 21:51:27 GMT

Further to my earlier article, in the recent King's Speech , we see a little more of the detail of the new Government’s proposals for reforming employment law within its first 100 days of office, in the form of the new Employment Rights Bill. The primary focus is on enhancing workers' rights and protections. Key legislative initiatives include:

New Employment Rights Bill

This bill aims to introduce the first of the promised reforms to employment laws. Key measures expected in the bill are:

Ban on Zero-Hours Contracts: The government plans to eliminate zero-hours contracts, or at least provide workers the option to choose more stable contracts.
Parental leave, sick pay, and protection from unfair dismissal: This will be a day 1 right for all workers
Flexible working: Will be the default from day 1, the terms of which employers must accommodate so far as is reasonable
Strengthening Trade Unions: There will be provisions to enhance the power and influence of trade unions.
New mothers: may not be dismissed in the six-month period after return from maternity leave, expect in specific circumstances
Ending Fire and Rehire or Fire and Replace Practices: The practice of firing employees only to rehire them under less favorable conditions will be prohibited. The previous government’s draft ACAS statutory Code of Practice will be replaced

In addition, The Government has promised to deliver a Genuine Living Wage having regard to the cost of living and will remove discriminatory age bands.

These proposals are part of a broader strategy to improve workers' rights, ensure fair wages, and provide greater job security. Note the government aims to introduce legislation within the first 100 days of taking office, reflecting its commitment to swift action on employment law reform (Labour’s Plans for Employment law Reform) . Whilst the Employment Rights Bill could satisfy this promise and satisfies an introduction, the Bill will still have to make its way through Parliament before it is passed and comes into force (Legislative Process) . Further, part of the Employment Rights Bill may contain a power for the Government to introduce statutory instruments to make the changes (which require further readings in Parliament (Legislative Process) ), and may not make the changes directly.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

16.07.24

And by the 100th day (or 30th September 2024 to be precise) Labour modernised the world of work

Tue, 16 Jul 2024 14:01:27 GMT

My most extensive dipping of the toe into commenting on various government party proposals was after putting my question in the audience’s question box at BBC Radio’s Question Time hosted by Chris Mason in our local village hall when it came to our area. Before I knew it, Chris Mason was saying “now we turn to Louise, … who has a question for the panel…”, an assistant placed a handheld microphone in front of me and I was reading out my question on air to four politicians. I was surprised by the response of one of the panel, who by saying; “I share your grief …” turned what could have been a challenge to actions taken by their party into a shared criticism of another party’s actions. I was impressed.

Now, the Labour Government has set itself a big target by promising to introduce legislation within 100 days of entering government to modernise the world of work, but has it? Introducing legislation is very different from passing legislation and could mean as little as introducing just one piece of new legislation to parliament to go through the stages required to pass it. Voters will have to wait some time before the new legislation implementing all the changes comes into effect.

Furthermore to be fair, Labour already has a springboard by the recently departed Conservatives’ own initiatives to modernise the working world. Draft legislation is already going through parliament in relation to several of the promises made by Labour, albeit some of them in a different form. Is it right for Labour to take full credit? For example:

One category of worker to widen the categories having protection from unfair dismissal

Draft legislation to create one category of ‘worker’ for employees and workers is already making its way through parliament. The Bill had its first reading in the House of Lords on 6 December 2023. However, the draft order was not approved before the prorogation of Parliament on 24 May 2024, in advance of the general election, with commentary stating whether the order comes into force depends on the outcome of the election.

Banning Zero Hours Contracts

In September 2024, new legislation is expected to come into force including giving zero hours workers (and potentially short hours workers) after 26 weeks of service (not necessarily consecutive), a new right to request predictability in their work pattern relating to hours worked, days and time and the length of their contact. Labour have pledged that anyone working regular hours for twelve weeks or more will gain the right to a regular contract to reflect those hours normally worked.

Putting an end to Firing and Rehiring on less favourable terms where a worker does not consent to the changes

In relation to fire and rehire (or technically dismissal and re-engagement on less favourable contractual terms), a new ACAS Code of Practice relating to the practice of Fire and Rehire was expected to be brought into force this Summer 2024 but is still in draft form.

Once in force, it is expected that upon a successful claim for unfair dismissal (i.e. if the employer fails to properly consult with its employees about the changes, or has no sound good business reason to make the changes), the employment tribunal will have the power to order the employer to pay a 25% uplift in any compensation the tribunal awards. If Labour removes the caps on compensation for unfair dismissal, the uplift per employee can be hefty.

Enhanced rights to flexible working will accrue on day one

In respect of enhanced rights relating to flexible working, since April 2024:

Employees already have the right to make a flexible working request from day one
Employees may make two requests within every 12 months period
The Employer must respond within two months of receiving a request and must meet with employees to discuss the reason for any rejection and to explore alternatives.
A revised ACAS Code of Practice on flexible working has been in force.

Labour has pledged that employers will be required to accommodate such a request as far as is reasonable, with government support for small and medium-sized businesses.

There will be a new right to bereavement leave

Draft legislation is already making its way through parliament to enable bereaved fathers and partners from day one of employment to take 52 weeks’ paternity leave from the death of a child’s mother (or adoptive parent during the first year of their child’s life). The Bill received Royal Assent on 24 May 2024 becoming the Paternity leave (Bereavement) Act 2024. Regulations are needed to bring the act into force.

Shared parental leave will be revised

Legislation is already planned to come into force by 5 April 2025 to:

Provide the right to statutory neonatal care leave (expected to be capped at 12 weeks) for employees with a parental or other personal relationship with children receiving neonatal care.
Provide pay during statutory neonatal care leave (expected to be at the statutory prescribed rate or, if lower, 90% of the employee’s average weekly earnings).

Protection against sexual harassment in the workplace

On 26 October 2024, legislation comes into force to compel employers to take reasonable steps to prevent sexual harassment of employees during the course of their employment, the government stopped short of placing on employers a positive duty to protect employees from sexual harassment during the course of their employment by third parties. Can/will Labour seek to implement legislation placing on employers a positive duty to prevent third party harassment?

Some of the new changes are:

Enhanced protection against unfair dismissal – the right to claim unfair dismissal will become a day one right for ‘workers’

Protection for remote workers – there will be a new right to ‘switch off’

Addressing the culture of long working hours - I could not see much detail about this so far, other than the right to switch off. Much about flexible working seems to be about part-time hours and/or when hours are worked rather than ending a culture of long hours per se. With flexible working it remains important that workers have adequate rest breaks including compensatory rest.

It will become unlawful to dismiss a pregnant woman for six months after her return to work, except in specific circumstances

Modernise and enhance Trade Union Legislation – Labour will amongst other things repeal legislation passed by the Conservatives in order to give trade unions the freedom to organise, represent and negotiate on behalf of their workers.

Extend time limits to bring tribunal claims to six months.

Remove the caps on compensation for unfair dismissal

And, perhaps, the biggest change of all, to activate the dormant protection to prevent unlawful discrimination on the grounds of ‘socio-economic’ characteristics in the Equality Act 2010. However, it will be limited to public bodies and will not apply to the private sector.

It’s a tall order to introduce new legislation in respect of all the above by 30 September 2024 and it will be interesting to check in with Labour’s proposals on that date and to see which of the changes it prioritises.

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

16.07.24

Employment Tribunal Reform: Enhancing Access to Justice for Workers in the UK

Mon, 15 Jul 2024 13:53:33 GMT

The UK government is set to undertake significant reforms to the Employment Tribunal system, aiming to improve, strengthen, and digitise the processes to better serve workers and employers. A key component of this reform is the extension of time limits for most claims from three to six months, providing greater flexibility and accessibility for individuals seeking justice. This article explores the proposed changes, their implications for claimants and employers, and the broader impact on the UK labour market and judicial system.

Understanding the Employment Tribunal System

The Employment Tribunal system in the UK is designed to resolve disputes between employers and employees, covering issues such as unfair dismissal, discrimination, wage disputes, and other employment-related matters. Historically, claimants have faced a time limit of three months from the date of the alleged incident (or dismissal) to file their claims; a timeframe often criticised as insufficient for many individuals to initiate their cases.

Key Components of the Reform

Extension of Time Limits: The proposed reform will extend the time limits for filing most Employment Tribunal claims from three months to six months. This change aims to provide claimants with adequate time to gather evidence, seek legal advice, and prepare their cases thoroughly.
Digitization of Processes: The government plans to digitise the Employment Tribunal processes, making it easier for individuals to file claims, track their case progress, and access relevant information online. This modernization effort is intended to streamline procedures, reduce administrative burdens, and improve overall efficiency.
Strengthening the Tribunal System: The reform includes measures to strengthen the Tribunal system, such as increasing resources, enhancing training for Tribunal judges and staff, and improving case management practices. These changes aim to reduce case backlogs, e xpedite hearings, and ensure fair and timely resolutions.

Implications for Claimants

Improved Access to Justice: The extension of time limits from three to six months provides claimants with a more realistic timeframe to file their claims, ensuring that more individuals can access justice. This change is particularly beneficial for those who may need extra time due to personal circumstances, such as health issues or financial constraints.
Enhanced Case Preparation: With additional time to prepare their cases, claimants can gather more comprehensive evidence and seek appropriate legal representation. This improvement is likely to lead to better-prepared cases and potentially higher success rates for claimants.
Greater Convenience Through Digitization: The digitization of Tribunal processes offers greater convenience for claimants, allowing them to file claims and track their progress online. This accessibility can reduce the stress and complexity associated with navigating the legal system.

Implications for Employers

Extended Uncertainty Period: The extension of time limits may result in a longer period of uncertainty for employers, as they may face potential claims for up to six months after an incident or dismissal. Employers will need to maintain thorough records and documentation for extended periods to defend against potential claims effectively.
Improved Case Management: The reforms aim to streamline case management and reduce backlogs, which can benefit employers by expediting the resolution of disputes. Quicker resolutions can lead to more predictable outcomes and less disruption to business operations.
Enhanced Accountability: By providing claimants with more time and resources to prepare their cases, employers may face greater scrutiny and accountability for their actions. This increased oversight can encourage better compliance with employment laws and promote fairer workplace practices.

Broader Economic and Social Impact

Promotion of Fair Employment Practices: The reforms to the Employment Tribunal system underscore the government's commitment to promoting fair employment practices and protecting workers' rights. By enhancing access to justice, the reforms contribute to a more equitable labour market.
Economic Stability: A more efficient and accessible Tribunal system can contribute to economic stability by resolving disputes more quickly and fairly. This stability benefits both workers and employers, fostering a healthier and more productive economy.
Public Confidence in the Judicial System: By modernising and strengthening the Employment Tribunal system, the government aims to enhance public confidence in the judicial process. Ensuring that disputes are resolved fairly and promptly reinforces the integrity of the legal system.

Potential Challenges and Criticisms

Resource Allocation: Successfully implementing the reforms will require significant resources, including funding for digitization and additional training for Tribunal staff. Ensuring that these resources are allocated effectively will be crucial for the success of the reforms.
Balancing Efficiency and Fairness: While digitization and process improvements aim to enhance efficiency, it is essential to balance these goals with the need to ensure fairness and thoroughness in Tribunal proceedings. Maintaining this balance will be key to the reforms' long-term effectiveness.
Addressing Case Backlogs: Reducing case backlogs is a central goal of the reforms, but achieving this will require sustained effort and careful management. The government must monitor progress and make adjustments as needed to address any emerging challenges.

Conclusion

The proposed reforms to the Employment Tribunal system represent a significant step towards improving access to justice for workers and employers in the UK. By extending time limits for claims, digitising processes, and strengthening the Tribunal system, the government aims to create a more efficient, fair, and accessible judicial process.

While the transition will require careful planning and resource allocation, the benefits of enhanced access to justice and improved case management are substantial. Employers and claimants alike will need to adapt to the new system, but the overarching goal is to promote fairness, accountability, and economic stability.

As the UK moves towards implementing these changes, it is essential for all stakeholders to engage in constructive dialogue and collaboration. By working together, they can ensure that the new laws achieve their intended goals of fairness, efficiency, and accessibility, ultimately benefiting the entire workforce and society.

This reform underscores the importance of upholding workers' rights and dignity, reflecting a commitment to creating a just and inclusive labour market. As details of the Employment Tribunal reforms are finalised, the focus must remain on supporting both workers and employers in adapting to this significant change.

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

13.07.24

Dissecting the Upcoming UK Employment Law Reforms: Progress or Pitfall?

Mon, 15 Jul 2024 13:39:34 GMT

The UK government’s proposed overhaul of employment law is making waves across the nation, promising significant improvements in worker rights and protections. While many hail these changes as a long-overdue step towards fairness and security, others question the practicality and potential unintended consequences. Let’s dissect these reforms, critically examining their merits and the challenges they may pose.

1. New Single Status of 'Worker'

Merit: The creation of a single worker status aims to simplify the employment landscape, ensuring that all workers enjoy full employee-type rights. This change could revolutionise the gig economy, granting vital protections to millions who previously fell through the cracks.

Question: Will this reform stifle the gig economy’s flexibility? Employers argue that the ability to offer flexible, non-standard contracts is essential for sectors that rely on fluctuating labour demand. Could this lead to a reduction in gig opportunities, ultimately harming those it intends to help?

2. Fair Pay

Merit: Raising the national minimum wage to a genuine living wage and removing age bands on hourly pay seeks to ensure that all workers earn enough to live on. This reform could significantly reduce poverty and income inequality.

Question: How will small businesses cope with the increased wage bill? While the intent is noble, the financial burden on small enterprises could lead to reduced hiring, increased prices, or even business closures. Is there a risk of creating an economic environment where fewer jobs are available?

3. Ban on Zero-Hour Contracts

Merit: Banning zero-hour contracts aims to end exploitative practices, providing workers with more stable and predictable incomes. This reform addresses a critical issue of job insecurity for many low-wage workers.

Question: Could the rigidity introduced by this ban limit employment opportunities for those who value flexibility? Zero-hour contracts, despite their flaws, offer a level of flexibility that some workers prefer. Is it possible to find a middle ground that offers security without sacrificing flexibility?

4. Strengthening Sick Pay

Merit: Making statutory sick pay available to all workers from day one of illness supports health and well-being, ensuring that no one is forced to work while sick due to financial necessity.

Question: How will businesses absorb the cost of increased sick pay? Especially during periods of widespread illness, such as flu season, the financial impact on businesses could be significant. Is there a way to balance this reform to protect both workers and employers?

5. End of 'Fire and Re-hire'

Merit: Outlawing ‘fire and re-hire’ practices prevents employers from exploiting workers by imposing less favourable contract terms under the threat of dismissal.

Question: Will this limit employers' ability to adapt to economic changes? Businesses often need to restructure to survive in a competitive market. Could this reform make it more difficult for companies to remain agile and responsive to economic pressures?

6. Right to 'Switch Off'

Merit: The right to disconnect from work outside of regular hours is a significant step towards promoting work-life balance and protecting mental health.

Question: Can this be effectively implemented across all industries? In a globalised, always-on economy, some roles require flexibility beyond traditional hours. How will this right be balanced with the needs of businesses that operate across different time zones?

7. Ban on Unpaid Internships

Merit: Banning unpaid internships (except when part of an education o r trainin g course) ensures that all workers, regardless of financial background, receive fair compensation for their labour, promoting social mobility.

Question: Will this reduce the number of available internships? For many organisations, especially non-profits and small businesses, unpaid internships are a way to provide experience when budgets are tight. Could this reform inadvertently limit valuable learning opportunities?

8. Employment Tribunal Reform

Merit: Extending the time limits for claims and digitising processes aims to make the Tribunal system more accessible and efficient, ensuring justice is available to more people.

Question: Will the Tribunal system be able to handle an influx of claims? Extending time limits might lead to a surge in cases. Is the system equipped to manage this increased workload without causing significant delays?

9. Family Friendly Protections

Merit: Strengthening flexible working laws, making parental leave a ‘day 1’ right, and increasing dismissal protection for returning parents supports working families and promotes gender equality.

Question: How will businesses, particularly small ones, manage these enhanced rights? While supporting families is crucial, the operational impact on businesses could be substantial. Are there measures in place to help companies adjust to these changes without undue hardship?

10. Unfair Dismissal Rights from Day One

Merit: Granting unfair dismissal rights from day one ensures that all employees are protected against wrongful termination, fostering a fairer workplace environment.

Question: Could this lead to a rise in unfounded claims? Employers might face an increase in tribunal cases, making it harder to manage legitimate performance issues during probation periods. How can the system balance protecting employees with maintaining reasonable flexibility for employers?

Conclusion

The proposed reforms to UK employment law represent a bold step towards a more equitable and supportive work environment. However, as with any significant change, the devil is in the details. Ensuring that these reforms achieve their intended benefits without creating new challenges will require careful implementation, ongoing dialogue, and perhaps most importantly, a willingness to adapt based on feedback and real-world impact. As we move forward, it is crucial to engage with all stakeholders—workers, employers, and policymakers—to navigate these changes effectively and build a fairer future for all.

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

13.07.24

Unfair Dismissal Rights from Day One: A Landmark Change in UK Employment Law

Sun, 07 Jul 2024 21:56:43 GMT

Unfair Dismissal Rights from Day One: A Landmark Change in UK Employment Law

In a transformative shift for UK employment law, the government has proposed to extend unfair dismissal rights to employees from the first day of their employment. This significant change eliminates the current requirement for employees to wait nearly two years (precisely one year and 51 weeks) before being eligible to claim unfair dismissal. This article explores the implications of this proposal, its potential benefits and challenges, and the broader impact on the UK labour market and employer-employee relations.

Understanding Unfair Dismissal

Unfair dismissal occurs when an employer terminates an employee's employment without one of the permitted fair reasons or without following proper procedures. Under current UK law, employees must complete a qualifying period of almost two years before they can bring a claim of ordinary unfair dismissal to an Employment Tribunal. This qualifying period has often been criticised for leaving new employees vulnerable to arbitrary or unjust terminations.

Key Components of the Reform

Immediate Unfair Dismissal Rights: T he proposed legislation will grant employees the right to claim unfair dismissal from the first day of their employment. This change aims to provide immediate protection against unfair termination, ensuring that all employees, regardless of their tenure, have access to justice.

Employer Obligations: Employers will need to follow fair procedures and provide valid reasons for any dismissal, regardless of the employee's length of service. This includes conducting proper investigations, providing warnings where appropriate, and offering the employee a chance to improve or defend themselves.

Retention of Probationary Periods: While unfair dismissal rights will be granted from day one, employers may still operate probationary periods to assess the suitability of new employees. During this period, dismissals for performance or conduct issues may still occur, provided they are handled fairly and with due process. It may be that the right to claim unfair dismissal from day one is made subject to contractual probationary periods and failing to pass probation could be added to the permitted fair reasons for dismissal.

Implications for Employees

Enhanced Job Security: The immediate granting of unfair dismissal rights provides employees with enhanced job security from the outset. This protection ensures that new hires cannot be dismissed without a valid reason and proper procedures, reducing anxiety and fostering a more stable working environment.

Empowerment and Fair Treatment: Employees will feel more empowered knowing they have legal recourse against unfair dismissal from day one. This can lead to higher morale and job satisfaction, as workers are assured of fair treatment and respect in the workplace.

Protection for Vulnerable Workers: The reform is particularly beneficial for vulnerable workers, including those in low-paid or precarious employment, who are often at higher risk of arbitrary dismissal. Immediate protection against unfair dismissal helps safeguard their rights and livelihoods.

Implications for Employers

Increased Accountability: Employers will face increased accountability in their dismissal practices, as they can no longer rely on the qualifying period to terminate employees without consequence. This change necessitates greater diligence in following fair procedures and documenting performance or conduct issues.

Review of HR Policies and Procedures: Employers will need to review and potentially revise their HR policies and procedures to ensure compliance with the new legislation. This includes training managers on fair dismissal practices and ensuring that all terminations are handled with appropriate documentation and justification.

Potential Cost Implications: The extension of unfair dismissal rights may lead to an increase in Employment Tribunal claims, potentially raising legal costs for employers. However, this can be mitigated by adopting robust HR practices and fostering a positive workplace culture that minimises disputes.

Broader Economic and Social Impact

Promotion of Fair Employment Practices: The reform underscores the government's commitment to promoting fair employment practices and protecting workers' rights. By ensuring that all employees have immediate access to unfair dismissal protections, the legislation contributes to a more equitable labour market.

Economic Stability: Enhanced job security can contribute to economic stability by fostering a more engaged and productive workforce. Employees who feel secure in their jobs are more likely to invest in their roles, leading to higher productivity and reduced turnover.

Public Confidence in Employment Law: By extending unfair dismissal rights to all employees, the government aims to enhance public confidence in the fairness and effectiveness of UK employment law. This reform demonstrates a commitment to protecting workers' rights and ensuring justice in the workplace.

Potential Challenges and Criticisms

Impact on Small Businesses: Small businesses, which often operate with limited resources, may face challenges in adapting to the new requirements. Ensuring that dismissals are handled fairly and documented properly may require additional training and administrative support.

Balancing Flexibility and Security: Critics argue that the extension of unfair dismissal rights could reduce flexibility for employers in managing their workforce. Balancing the need for job security with the need for flexibility will be essential to ensure that businesses can continue to operate effectively.

Managing Increased Claims: There is a potential for an increase in Employment Tribunal claims as more employees gain access to unfair dismissal protections. The government will need to ensure that the Tribunal system is adequately resourced to handle any increase in claims and maintain timely and fair resolutions.

Conclusion

The proposed extension of unfair dismissal rights from day one represents a landmark change in UK employment law, aiming to provide immediate and comprehensive protection for all employees. By eliminating the nearly two-year qualifying period, the reform seeks to promote fair treatment, enhance job security, and empower workers from the outset of their employment.

While the transition will require adjustments from both employers and employees, the benefits of enhanced job security and fair treatment are substantial. Employers will need to adopt fair and transparent dismissal practices, while employees can look forward to a more equitable and respectful work environment.

As the UK moves towards implementing these changes, it is essential for all stakeholders to engage in constructive dialogue and collaboration. By working together, they can ensure that the new laws achieve their intended goals of fairness, accountability, and economic stability, ultimately benefiting the entire workforce and society.

This reform underscores the importance of upholding workers' rights and dignity, reflecting a commitment to creating a just and inclusive labour market. As details of the new unfair dismissal rights are finalised, the focus must remain on supporting both workers and employers in adapting to this significant change.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

12.07.24

Labour's Employment Law Reform: What Employers Need to Know

Sun, 07 Jul 2024 21:34:21 GMT

During the election, Labour pledged to initiate substantial reforms to UK employment law within the first 100 days of taking office. While these changes will likely be proposed quickly, the process to enact them into law will take time. This article outlines the proposed reforms from Labour’s 2024 manifesto and their "Plan to Make Work Pay: Delivering a New Deal for Working People," providing an overview of what UK employers can expect.

Employment Law Reforms: Timeline and Expectations

When Will Reforms Take Effect?

Labour’s plan to introduce employment legislation within 100 days is ambitious, but significant changes are unlikely to materialise immediately. Quick adjustments, like modifying the Low Pay Commission’s remit, might occur soon. However, most reforms require approval as primary legislation, a process involving both Houses of Parliament, which is time-consuming. Secondary legislation to detail reforms will also take time, and Labour’s commitment to business consultations means employers will have ample opportunity to provide input and prepare.

Key Proposed Reforms

Basic Rights and Employment Tribunals

Introduce day-one basic individual rights for all workers, eliminating the qualifying period for claims such as parental leave, sick pay, and unfair dismissal.
Extend the employment tribunal claim window from 3 to 6 months.
Implement a “right to switch off” similar to models in Ireland and Belgium.
Enable collective grievances through Acas.
Strengthen statutory sick pay by removing the lower earnings limit and waiting period.
Require consultation and negotiation before introducing surveillance technologies.
Establish a single enforcement body to tackle workplace exploitation.
Ban unpaid internships unless part of educational or training courses.
Consider moving towards a single status of “worker”.

Sexual Harassment, Whistleblowing, Equality, and Discrimination

Enhance whistleblower protections, especially for women reporting sexual harassment.
Introduce a Race Equality Act to ensure equal pay for Black, Asian, and ethnic minority individuals and strengthen dual discrimination protections.
Create a right to equal pay for disabled people.
Mandate disability and ethnicity pay gap reporting for employers with over 250 staff.
Strengthen employer duties to prevent sexual harassment.
Prohibit dismissing women within six months of returning from maternity leave, except in specific cases.
Require large employers to develop Menopause Action Plans.
Continue supporting single-sex exceptions in the Equality Act 2010.
Enforce the socio-economic duty for public bodies and extend the Public Sector Equality Duty.

Family-Friendly Rights

Review the introduction of paid carer’s leave (unpaid carer’s leave was introduced in April 2024)
Ensure parental leave is a day-one right and review the system within the first year.
Introduce bereavement leave for all workers.

Contracts and Wages

Implement a flat rate minimum wage reflecting the cost of living for all ages.
Ban exploitative zero-hours contracts and ensure contracts reflect regular working hours based on a 12-week reference period.
Guarantee reasonable notice for shift changes and compensate for short-notice cancellations.
End 'fire and rehire' practices with effective remedies and a statutory code of practice.
Make flexible working the default from day one, accommodating school terms where possible.
Ensure hospitality workers receive and control their tips.

Trade Unions and Health & Safety

Inform all new employees of their right to join a union and regularly remind all staff.
Update trade union laws to remove activity restrictions.
Allow secure electronic balloting.
Simplify union recognition processes and reduce recognition thresholds.
Modernise anti-blacklisting laws and provide sufficient facilities time for union reps.
Allow unions regulated access to workplaces for recruitment and organisation.
Introduce sectoral collective bargaining in adult social care and assess its benefits for other sectors.
Update health and safety legislation and guidance.

Redundancy and TUPE

Require collective consultation on large-scale redundancies across the entire business.
Strengthen rights and protections for workers during TUPE processes.

Although previously pledged, Labour has not mentioned removing statutory compensation caps in employment tribunals or extending maternity and paternity leave.

Business Immigration Reforms: Timeline and Expectations

When Will Reforms Take Effect?

Labour’s business immigration proposals are not yet clear. Their focus on reducing net migration through a skills strategy will take time to implement effectively.

Key Proposed Reforms

Reduce net migration through visa restrictions linked to skills policy.
Require employers to create “skills improvement plans” for sectors with high skilled worker visa applications.
Develop workforce and training plans for sectors like health and social care to reduce reliance on foreign workers.
Ban employers who violate immigration or employment laws from hiring abroad.
Strengthen the Migration Advisory Committee and establish a collaborative framework with UK skills bodies.

Labour has not commented on the review of the graduate visa route or visa application fees and has no plans for a Youth Mobility Scheme with the EU. They will ask the Migration Advisory Committee to review changes to minimum salary requirements.

Article by

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.07.24

Employment Tribunal Reform: Enhancing Access to Justice for Workers in the UK

Sun, 07 Jul 2024 21:10:39 GMT

Understanding the Employment Tribunal System

The Employment Tribunal system in the UK is designed to resolve disputes between employers and employees, covering issues such as unfair dismissal, discrimination, wage disputes, and other employment-related matters. Historically, claimants have faced a time limit of three months from the date of the alleged incident to file their claims, a timeframe often criticised as insufficient for many individuals to prepare their cases.

Key Components of the Reform

Extension of Time Limits : The proposed reform will extend the time limits for filing most Employment Tribunal claims from three months to six months. This change aims to provide claimants with adequate time to gather evidence, seek legal advice, and prepare their cases thoroughly.
Digitization of Processes : The government plans to digitise the Employment Tribunal processes, making it easier for individuals to file claims, track their case progress, and access relevant information online. This modernization effort is intended to streamline procedures, reduce administrative burdens, and improve overall efficiency.
Strengthening the Tribunal System : The reform includes measures to strengthen the Tribunal system, such as increasing resources, enhancing training for Tribunal judges and staff, and improving case management practices. These changes aim to reduce case backlogs, expedite hearings, and ensure fair and timely resolutions.

Implications for Claimants

Improved Access to Justice : The extension of time limits from three to six months provides claimants with a more realistic timeframe to file their claims, ensuring that more individuals can access justice. This change is particularly beneficial for those who may need extra time due to personal circumstances, such as health issues or financial constraints.
Enhanced Case Preparation : With additional time to prepare their cases, claimants can gather more comprehensive evidence and seek appropriate legal representation. This improvement is likely to lead to better-prepared cases and potentially higher success rates for claimants.
Greater Convenience Through Digitization : The digitization of Tribunal processes offers greater convenience for claimants, allowing them to file claims and track their progress online. This accessibility can reduce the stress and complexity associated with navigating the legal system.

Implications for Employers

Extended Uncertainty Period : The extension of time limits may result in a longer period of uncertainty for employers, as they may face potential claims for up to six months after an incident. Employers will need to maintain thorough records and documentation for extended periods to defend against potential claims effectively.
Improved Case Management : The reforms aim to streamline case management and reduce backlogs, which can benefit employers by expediting the resolution of disputes. Quicker resolutions can lead to more predictable outcomes and less disruption to business operations.
Enhanced Accountability : By providing claimants with more time and resources to prepare their cases, employers may face greater scrutiny and accountability for their actions. This increased oversight can encourage better compliance with employment laws and promote fairer workplace practices.

Broader Economic and Social Impact

Promotion of Fair Employment Practices : The reforms to the Employment Tribunal system underscore the government's commitment to promoting fair employment practices and protecting workers' rights. By enhancing access to justice, the reforms contribute to a more equitable labor market.
Economic Stability : A more efficient and accessible Tribunal system can contribute to economic stability by resolving disputes more quickly and fairly. This stability benefits both workers and employers, fostering a healthier and more productive economy.
Public Confidence in the Judicial System : By modernising and strengthening the Employment Tribunal system, the government aims to enhance public confidence in the judicial process. Ensuring that disputes are resolved fairly and promptly reinforces the integrity of the legal system.

Potential Challenges and Criticisms

Resource Allocation : Successfully implementing the reforms will require significant resources, including funding for digitization and additional training for Tribunal staff. Ensuring that these resources are allocated effectively will be crucial for the success of the reforms.
Balancing Efficiency and Fairness : While digitization and process improvements aim to enhance efficiency, it is essential to balance these goals with the need to ensure fairness and thoroughness in Tribunal proceedings. Maintaining this balance will be key to the reforms' long-term effectiveness.
Addressing Case Backlogs : Reducing case backlogs is a central goal of the reforms, but achieving this will require sustained effort and careful management. The government must monitor progress and make adjustments as needed to address any emerging challenges.

Conclusion

Article by

Yeing Lang-Chong

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.07.24

What to Expect During an Employment Tribunal Hearing: An Employee's Perspective

Sun, 23 Jun 2024 21:38:05 GMT

Employment tribunal hearings can be daunting for employees, especially those unfamiliar with the legal process. Knowing what to expect can help alleviate some of the anxiety and prepare you for the experience. This article provides a detailed overview from an employee's perspective, covering the steps involved, the key players, and tips for a successful hearing.

Preparing for the Hearing

1. Understand the Process: Before the hearing, familiarise yourself with the tribunal process. This includes understanding the timeline, key documents required, and the roles of various participants. Your solicitor will be a crucial resource in helping you navigate this stage.

2. Gather and Organise Evidence: Ensure all your evidence is well-organised and ready for presentation. This includes documents, witness statements, and any other relevant materials. Having a clear, chronological order will help you present your case more effectively.

3. Prepare Your Statement: Your witness statement is a critical part of your case. Work with your solicitor to prepare a detailed and accurate account of events. Practice reading it aloud to become comfortable with the content and delivery.

4. Familiarise Yourself with the Venue: If possible, visit the tribunal venue beforehand to get a sense of the layout and logistics. Knowing where you will be seated and the general environment can help reduce anxiety on the day of the hearing.

On the Day of the Hearing

1. Arrival and Registration: Arrive early to allow time for registration and to settle in. Bring all necessary documents, including your witness statement and evidence. Dress professionally to convey respect for the tribunal process.

2. Meeting with Your Solicitor: Meet with your solicitor before the hearing starts to review the key points and any last-minute details. This is a good time to ask any remaining questions and ensure you feel prepared.

The Hearing Procedure

1. Opening Statements: The hearing will begin with opening statements from both parties. Your solicitor will present your case first, outlining the key points and what you aim to prove. The respondent (or their solicitor or barrister) will then present their opening statement.

2. Witness Testimony: Witnesses will be called to give their testimony. You will likely be one of the first to testify. When it's your turn, approach the witness stand and take the oath. Witness statements may be ‘taken as read’ – in other words, the statements read in advance or at the beginning of the hearing and the contents accepted as your testimony. On occasion, the tribunal may instead ask you to read your witness statement out aloud at the hearing. Be prepared for cross-examination by the respondent's solicitor.

3. Cross-Examination: During cross-examination, the respondent (or their solicitor or barrister) will ask you questions to challenge your testimony. Stay calm, answer truthfully, and avoid getting defensive. Your solicitor may also re-examine you to clarify any points raised during cross-examination.

4. Respondent's Case: After your testimony, the respondent will present their witnesses and evidence. Your solicitor or barrister will have the opportunity to cross-examine their witnesses. Pay close attention to their testimonies, as they may reveal inconsistencies or new information which you should highlight to your solicitor or barrister during the hearing.

5. Closing Statements: Once all evidence and testimonies have been presented, both parties will make closing statements. These summaries will highlight the main arguments and evidence supporting each side's case. Your solicitor or barrister will emphasise why the tribunal should rule in your favour.

The Tribunal's Decision

1. Deliberation: After closing statements, the tribunal panel will deliberate. This process can take some time, and in some cases, the decision may be reserved, meaning you will receive it in writing at a later date.

2. Receiving the Decision: The tribunal's decision will be communicated to you either at the end of the hearing or in writing. This document will outline the tribunal's findings and any awards or remedies granted.

Post-Hearing Steps

1. Reviewing the Decision: Review the tribunal's decision carefully with your solicitor. Understand the implications and any actions required on your part.

2. Considering an Appeal: If the decision is not in your favour, discuss the possibility of an appeal (or an application for reconsideration) with your solicitor. There are strict time limits for filing an appeal, and you will need to demonstrate that the tribunal made an error in law or procedure.

3. Implementing the Decision: If the decision is in your favour, work with your solicitor to ensure the remedies awarded are implemented. This might include compensation, reinstatement, or other corrective actions by your employer.

Tips for a Successful Hearing

1. Stay Calm and Composed: Maintain your composure throughout the hearing. Stay focused on presenting your case clearly and calmly, even during cross-examination.

2. Be Honest and Consistent: Honesty is crucial. Any inconsistencies in your testimony can undermine your credibility. Stick to the facts and avoid exaggeration.

3. Listen Carefully: Listen attentively to all proceedings, including the respondent's case. This can help you identify any inconsistencies or new information that can strengthen your position.

4. Follow Your Solicitor's Advice: Your solicitor is there to guide and support you. Follow their advice and trust in their expertise.

Conclusion

Attending an employment tribunal hearing can be a challenging experience, but understanding the process and knowing what to expect can help you feel more prepared and confident. With thorough preparation, professional legal support, and a calm approach, you can navigate the hearing effectively and work towards a favourable outcome.

Article by

Yeing Lang-Chong

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

24.06.24

A Guide to Employer Rights in UK Employment Tribunals

Sun, 23 Jun 2024 21:29:20 GMT

A Guide to Employer Rights in UK Employment Tribunals

Navigating employment law tribunals can be challenging for employers. Understanding your rights as an employer is essential for preparing a strong defence and ensuring a fair hearing. This guide provides an overview of employer rights in UK employment tribunals and offers practical advice for effectively exercising these rights.

Understanding Employer Rights

1. Right to a Fair Hearing: Employers have the right to a fair and impartial hearing. This includes the right to present evidence, call witnesses, and cross-examine the claimant’s witnesses.

2. Right to Legal Representation: Employers can be represented by a solicitor or barrister during the tribunal. Legal representation can help navigate the complexities of the tribunal process and ensure that your case is presented effectively.

3. Right to Respond to Claims: Upon receiving a claim, employers have the right to respond within the specified time frame, typically 28 days. This involves submitting an ET3 form outlining your defence.

4. Right to Access Evidence: Employers have the right to access all evidence submitted by the claimant. This includes documents, witness statements, and any other materials that will be presented at the tribunal.

5. Right to Confidentiality: Sensitive information disclosed during the tribunal process is generally kept confidential. However, tribunal hearings are public unless specific arrangements are made to protect confidentiality.

Preparing for the Tribunal Hearing

1. Gather Evidence: Collect all relevant documents, including employment contracts, emails, appraisals and performance reviews, and records of grievances or disciplinary actions. Organise this evidence chronologically to support your defence.

2. Prepare Witnesses: Identify and prepare witnesses who can support your case. Ensure they understand the process and are comfortable presenting their testimony.

3. Legal Advice: Seek legal advice early in the process. An employment law solicitor can help you understand your rights, prepare your defence, and represent you during the tribunal.

During the Tribunal Hearing

1. Presenting Your Case:

Opening Statement: Your solicitor or barrister will present an opening statement summarising your defence.
Evidence Presentation: Make reference to all relevant documents and evidence which have been disclosed in preparation for the tribunal hearing. Ensure your evidence is well-organised and clearly supports your case.
Witness Testimony: Call witnesses to provide testimony. Ensure they are prepared for cross-examination by the claimant and/or his/her solicitor.

2. Cross-Examination: You have the right to cross-examine the claimant and their witnesses. This can help identify inconsistencies or weaknesses in their testimony.

3. Closing Statement: Your solicitor or barrister will present a closing statement summarising the key points of your defence and why the tribunal should rule in your favour.

Post-Tribunal Hearing Actions

1. Reviewing the Decision: Carefully review the tribunal’s decision with your solicitor. Understand the implications and any required actions on your part.

2. Complying with Orders: If the tribunal rules against you, comply promptly with any orders, such as compensation or changes to workplace practices. A delay or late compliance in paying compensation may result in additional sums having to be paid.

3. Considering an Appeal: If you believe there was an error in law or procedure, discuss the possibility of an appeal (or an application for reconsideration) with your solicitor. Appeals must be filed within a specific time frame and on valid legal grounds.

Best Practices for Employers

1. Regular Training: Provide regular training for managers and employees on workplace policies, including discrimination, harassment prevention, and health and safety. Training helps ensure everyone understands their rights and responsibilities.

2. Clear Policies and Procedures: Implement clear, comprehensive workplace policies. Ensure all employees are aware of these policies and understand how to follow them.

3. Open Communication: Foster an open and supportive work environment where employees feel comfortable raising concerns. Address issues promptly to prevent them from escalating.

4. Thorough Documentation: Maintain accurate records of all employee interactions, including performance reviews, disciplinary actions, and any complaints or grievances. Proper documentation can provide critical evidence if a claim is brought against you.

Conclusion

Understanding and exercising your rights as an employer in employment tribunals is essential for ensuring a fair hearing and effectively defending against claims. By preparing thoroughly, seeking legal advice, and maintaining fair workplace practices, employers can navigate the tribunal process with confidence and reduce the risk of unfavourable outcomes.

Article by

Yeing Lang-Chong

0800 915 7777

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

24.06.24

The 4-Day Work Week: Is it the Future for UK Businesses?

Fri, 24 May 2024 15:46:12 GMT

The concept of a 4-day work week—where employees work the same number of hours but compressed into four days instead of five—has been gaining momentum globally. With a large-scale UK trials showing overwhelmingly positive results, many businesses are pondering if this could be the future of work.

In this article, we briefly consider the potential benefits, challenges, and considerations for UK businesses.

The Case for the 4-Day Work Week

Improved Productivity: Surprisingly, studies often find that reducing work hours can lead to increased or maintained productivity. Employees tend to become more focused, waste less time, and find ways to work more efficiently.
Enhanced Employee Wellbeing: An extra day off per week significantly boosts work-life balance, reduces stress, and improves mental and physical health. This can lead to higher job satisfaction and reduced burnout.
Attracting and Retaining Talent: In a competitive labour market, offering a 4-day work week can be a major differentiator, helping companies attract top talent and retain their best employees.
Environmental Benefits: Reduced commuting and less office energy use can contribute to a smaller carbon footprint.
Potential Challenges
Not Suitable for All Roles: Some jobs requiring continuous coverage or extensive client-facing time may be less adaptable to a 4-day work week structure.
Maintaining Customer Service: Businesses need to ensure that customer needs are still being met effectively within the compressed week. This might involve staggered schedules or shift adjustments.
Potential for Increased Work Intensity: If not managed carefully, employees could feel pressure to cram the same amount of work into fewer days, leading to increased stress.
Implementation Costs: There may be some upfront costs in adapting systems and schedules to the new model.

The UK Success Story

The large-scale UK trial of the 4-day work week offered compelling results. Of the participating companies:

92% decided to continue with the 4-day work week
56% reported an increase in productivity
15% reported no change in productivity
Employee wellbeing scores improved significantly across areas like stress, burnout, fatigue, and sleep quality

Considerations for UK Businesses

Trial and Evaluate: Before making a permanent switch, consider running a pilot program within your organisation to assess the impact.
Clear Communication and Planning: Meticulous planning is essential to ensure smooth workflow transitions and maintain service standards.
Focus on Outcomes, Not Hours: Emphasize achieving targets and deliverables rather than simply clocking in hours.
Invest in Management Training: Managers need support in adapting their leadership styles and ensuring equitable work distribution.

Is It the Future?

While the 4-day work week might not be a universal fit for all businesses, the evidence suggests it holds great promise for many industries and roles. As workplace preferences and technology evolve, the 4-day week offers a compelling vision of a work world that prioritizes employee wellbeing, productivity, and sustainability.

Disclaimer: This article provides general information and should not be taken as business or legal advice. Consult qualified professionals to assess the suitability of a 4-day work week for your specific organization.

Article by

Yeing Lang-Chong

New-Deal-for-Working-People-Green-Paper.pdf (labour.org.uk)

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

24.05.24

Is it a new dawn, a new day, and new way of life for employment?

Mon, 13 May 2024 13:50:34 GMT

Is it a new dawn, a new day, and new way of life for employment? A comparison between Labour’s key proposals (in relation to some of which there is rhetoric it may be stepping back) and key steps that have already been taken or are being taken under the current Conservative government (denoted in blue)

In January 2024, Labour issued a green paper* outlining its proposals to overhaul employment law to provide enhanced rights and to reflect the modern workforce including:

Enhanced protection for ‘workers’

1. The distinction between 'employee' and 'worker' will be reclassified into one category of 'worker'. This will give individuals who currently work on a self-employed basis but provide personal service to companies (the current classification of ‘worker’) equal protection with employees e.g. unfair dismissal.

Draft legislation to create one category of ‘worker’ for employees and workers is making its way through parliament. The Bill had its first reading in the House of Lords on 6 December 2023 and a second reading of the Bill in the House of Lords is yet to be scheduled.

Enhanced protection against unfair dismissal

2. The right to claim unfair dismissal will become a day one right for 'workers'. At present, an employee must have two years' complete service before accruing the right not to be unfairly dismissed. In essence, employees are currently subject to a two-year probationary period, where the employer can simply dismiss on notice unless it relates to an unlawful reason that accrues from day one, such as the right not to suffer unlawful discrimination, an unlawful detriment or automatic unfair dismissal (e.g. dismissal for whistleblowing). Currently the main difference relating to a contractual probationary period is that an employee’s contractual entitlement to notice will be shorter.

Protection for remote workers

3. There will be a new right to 'switch off' at the end of contracted hours for remote workers, with a right not to be contacted by their employer outside of working hours, and to work autonomously. New rights will be introduced to protect workers from remote surveillance.

Zero and Short hours contracts

4. Zero hours contracts without a minimum number of guaranteed hours will be banned, ending 'one sided' flexibility. Anyone working regular hours for twelve weeks or more will gain the right to a regular contract to reflect those hours normally worked.

In September 2024, new legislation is expected to come into force including giving zero hours workers (and potentially short hours workers):

after 26 weeks of service (not necessarily consecutive) a new right to request predictability in their work pattern relating to hours worked, days and time and the length of their contract.
the employer must respond within one month and give effect to any changes within two weeks thereafter.
the employer may refuse the request on specified grounds.
it is expected that ACAS will produce a new Code of Practice to assist employers comply with the new legislation.
it is not certain whether the 25% ACAS uplift will apply to any compensation awarded upon a successful claim.

Dismissal and re-engagement on less favourable contractual terms

5. The practice of employers firing employees and rehiring them on less favourable terms and conditions where an employee does not consent to the changes e.g. lower pay will be outlawed. Instead, there will be improved information and consultation procedures, and unfair dismissal and redundancy legislation will be adapted to provide compensation for loss of employment where appropriate.

In Summer 2024, a new ACAS Code of Practice relating to the practice of Fire and Rehire is expected to be brought into force. The Code:

places a greater emphasis on meaningful consultation and steps to avoid dismissal and re-engagement.
requires an employer to contact ACAS for advice before it raises dismissal and re-engagement with employees.
makes a number of recommendations, including providing longer notice periods, in the event that an employer decides to go ahead with enforcing contractual changes by the mechanism of fire and rehire.

Upon a successful claim for unfair dismissal in a fire and rehire situation, the employer can be subject to an uplift in any compensation awarded of up to 25% for a failure to comply with the Code.

Addressing the culture of long working hours

6. The UK's culture of long working hours will be addressed to improve work-life balance with families and improve physical and mental health.

Enhanced rights relating to flexible working

7. The right to request flexible working will accrue on day one of employment with employers required to accommodate such a request as far as is reasonable. Small and medium sized business would receive government support to increase uptake of flexible working

Since 6 April 2024:

employees have the right to make a flexible working request from day one.
employees may make two requests within every 12-month period.
the employer must respond within two months of receiving a request and must meet with employees to discuss the reason for any rejection and to explore alternatives.
a revised ACAS Code of Practice on flexible working came into force.

Enhanced rights for maternity and paternity leave

8. Statutory maternity and paternity leave will be extended.

Since 1 April 2024, the current entitlement to two weeks’ paternity leave immediately after the childbirth or expected date of placement for adoption may be taken in two separate one-week blocks at any time within the first year after birth or adoption.

Bereavement Leave

9. There will be a new right to bereavement leave.

Draft legislation is making its way through parliament to enable bereaved fathers and partners from day one of employment to take 52 weeks’ paternity leave from the death of a child’s mother (or adoptive parent) during the first year of their child’s life.

A second reading of the Bill in the House of Lords took place on 17 May 2024. During the reading the government indicated that the legislation should be brought in as quickly as possible, preferably coming into force in April 2025.

Enhanced rights relating to emergency leave

10. Rights of workers to respond to family emergencies with paid family and carers’ leave will be extended.

Since 1 April 2024, employees have a new right from day one of employment to apply for up to one week of unpaid carer’s leave for a dependent with a long-term care need in any 12-month period.

Enhanced protection for pregnant women

11. It will become unlawful to dismiss a pregnant woman for six months after her return to work, except in specific circumstances.

Since 1 April 2024, pregnant employees have priority for alternative positions in redundancy from the date they inform their employer of their pregnancy.

Maternity leave, adoption leave and shared parental leave - enhancing protection

12. Shared parental leave will be reviewed, with reforms to incentivise the sharing of leave.

Since 1 April 2024, pregnant women and new parents returning from maternity, adoption or shared parental leave lasting over six consecutive weeks have priority for alternative positions in redundancy for 18 months after birth of placement of a child.

Legislation is expected to come into force by 25 April 2025 to:

provide the right to statutory neonatal care leave (expected to be capped at 12 weeks) for employees with a parental or other personal relationship with children receiving neonatal care.
provide pay during statutory neonatal care leave (expected to be at the statutory prescribed rate or, if lower, 90% of the employee’s average weekly earnings).

Modernising and enhancing Trade Union legislation

13. Trade Union legislation will be significantly updated so that it is fit for a modern society.

Recent and imminent changes include:

from July 2024, employers with fewer than 50 employees (or any size involved in a transfer of fewer than ten employees) will be able to consult directly with employees in relation to a TUPE transfer rather than through employee representatives.
as of 10 August 2023, it is unlawful for employment businesses to supply temporary workers to cover those involved in industrial action.
as of 20 July 2023, legislation was passed to allow the government to introduce regulations implementing minimum service requirements for key public services during strike action.

Time limits to bring tribunal claims

14. The time limits to bring employment tribunal claims will be extended.

Compensation for claims

15. Caps in compensation will be removed:

The current cap for future loss of earnings for ordinary unfair dismissal as at May 2024 is the lesser of 12 months’ pay or £115,115 and ‘a week’s pay’ for the purpose of calculating entitlement to a statutory redundancy payment is currently £700.

Protection against sexual harassment in the workplace

16. Employers will be required to create and maintain workplaces and working conditions free from harassment, including from third parties. Currently employers are generally not liable for third party harassment of their employees during the course of their employment.

On 26 October 2024, legislation comes into force to compel employers to take reasonable steps to prevent sexual harassment of employees during the course of their employment. The government stopped short of placing on employers a positive duty to protect employees from sexual harassment during the course of their employment by third parties.

Other proposals

17. Health and safety protection will be given to self-employed workers.

18. Joint and several liability between companies across the supply chain will be introduced if slavery or criminal labour exploitation is uncovered at any stage in the production process and penalties introduced where companies act with knowledge of such practices.

19. Health and safety legislation will be updated.

20. Initiatives will be put in place to raise awareness of neurodiversity in the workplace and across wider society.

21. Labour will bring forward measures to end gender, ethnicity and disability pay gaps including increased reporting requirements, the requirement for employers to eliminate pay gaps, and making publication of ethnicity pay gaps mandatory for firms with more than 250 staff to mirror gender pay gap reporting. Labour will also permit equal pay comparisons across employers where men and women carry out comparable work. Outsourced workers will be included in pay gap reporting.

22. Labour will activate the dormant prevention of socio-economic discrimination in the Equality Act 2010 providing a new ‘protected characteristic’.

* A green paper usually presents a range of ideas and is meant to invite interested individuals or organisations to contribute views and information. It may be followed by a white paper, an official set of proposals that is used as a vehicle for their development into law.

Article by

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

12.05.24

Is the re-introduction of Tribunal fees really the answer to persuade parties to settle claims before legal proceedings?

Thu, 09 May 2024 11:58:17 GMT

The government has recently consulted on the proposal to reintroduce modest fees in the Employment Tribunals and Employment Appeal Tribunal (closed 24 March 2024). It proposes £55 paid by the Claimant in both tribunals.

One of the stated aims includes acting as an incentive to parties to settle their disputes early through ACAS without the need for claims to be brought to an Employment Tribunal.

However, one of the most important benchmarks to negotiate a settlement is the likely compensation a Claimant would receive upon a successful claim. The other main negotiating benchmark is the strength of the claim. Very broadly, a reasonable settlement is a percentage reduction, depending upon the legal merits of the claim and litigation risk, to the total of the Schedule of Loss. The compensation and how it is calculated is set out in what is known as a “Schedule of Loss”; in other words, a schedule of compensation that the Claimant is asking the tribunal to order the Respondent to pay them upon the success of their claim.

Surprisingly, there remains no obligation to provide a Schedule of Loss to ACAS during ACAS Early Conciliation, the precursor to Employment Tribunal litigation, set up to assist parties resolve claims without recourse to tribunal proceedings; nor any obligation to provide one with the Employment Tribunal claim form. A tribunal will not usually order production of a Schedule of Loss until the preliminary hearing to determine case management issues (in short, the hearing to determine the timetable to prepare for the full merits hearing). The case management hearing takes place after the Claimant has launched their claim and the Respondent has submitted their defence.

I would suggest that the obligation for the Claimant to provide a Schedule of Loss and the Respondent to provide a counter Schedule of Loss be at a much earlier stage in the legal process. The Schedule of Loss is key to settlement, and it makes sense that a requirement for the parties to address their minds to the value of a claim, preferably at the ACAS Early Conciliation stage, is mandatory. There will always be disagreement between the parties as to how long it will take an employee to obtain alternative work and a Schedule of Loss for unlawful discrimination or harassment is more complex as it includes compensation for injury to feelings and/or psychiatric injury and compensation is not capped for such claims. Claimants and Respondents can often be surprised at how a tribunal calculates compensation and there can be misconceptions about how to approach a settlement.

Information about how to prepare a Schedule of Loss can be found on our website at How to I complete a schedule of loss for an Employment Tribunal claim? .

For specialist advice about settlement or a schedule of loss please contact one of our experienced employment solicitors via our Client Care Manager, whose details can be found on our website www.springhouselaw.co.uk

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.05.24

The New Frontier of Sexual Harassment Prevention in the UK

Thu, 09 May 2024 11:34:48 GMT

Introduction:

The UK is taking a bold step in the fight against sexual harassment by introducing a new duty for employers to take proactive measures to prevent such incidents in the workplace. This groundbreaking development, expected to come into force in October, marks a significant shift in the UK's approach to workplace safety and respect. This article delves into the details of this new legislation and its implications for employers and employees alike.

The New Duty:

The new duty requires employers to take reasonable steps to prevent employees from being sexually harassed by colleagues. This legislation aims to create a safer and more respectful working environment by placing the onus on employers to be proactive in preventing harassment.

Reason for the Change:

Sexual harassment remains a pervasive issue in workplaces across the UK, with a recent survey revealing that one in two women and one in five men have experienced sexual harassment at work. The new legislation is a response to this alarming situation, seeking to address the issue head-on and create a culture of zero tolerance for sexual harassment.

Implications for Employers:

Employers will be required to review and update their policies and procedures to ensure they are compliant with the new legislation. This may include providing regular training to employees on what constitutes sexual harassment and how to report incidents, as well as implementing robust reporting mechanisms and support services for victims.

Moreover, employers will need to take a proactive approach to preventing sexual harassment, which may involve conducting risk assessments, monitoring workplace culture, and taking swift action against perpetrators. Failure to comply with the new duty could result in significant fines and reputational damage.

Implications for Employees:

For employees, the new legislation offers hope for a safer and more respectful work environment. It sends a clear message that sexual harassment will not be tolerated and that victims will be supported. Employees can expect to see improvements in their workplace policies and procedures, as well as increased awareness and understanding of sexual harassment issues.

Employees should familiarise themselves with their organisation’s policies and procedures and know how to access support services if needed.

The Role of Trade Unions and Advocacy Groups:

Trade unions and advocacy groups have a crucial role to play in ensuring the successful implementation of the new legislation. They can provide support and advice to both employers and employees, help to raise awareness of the issue, and work to ensure that the new duty is enforced effectively.

Conclusion:

The new duty on employers to prevent sexual harassment in the workplace marks a significant step forward in the fight against this pervasive issue. By placing the onus on employers to be proactive in preventing harassment, the legislation sets a high bar for workplace safety and respect. However, the success of the new duty will depend on the commitment of employers and employees alike, as well as the support of trade unions and advocacy groups. As the UK moves towards a safer and more respectful work environment, it is hoped that other countries will follow suit.

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.05.24

UK Flexible Working Rights: Employees Gain More Control in 2024

Fri, 05 Apr 2024 14:29:55 GMT

Flexible working arrangements, such as hybrid work, flexitime, and compressed hours, have become increasingly desirable for employees looking to balance work and their personal lives. As of April 6th, 2024, UK employment law has undergone significant updates to empower employees with greater flexibility and control over their work lives.

Key Changes at a Glance

● Day-One Requests: Employees no longer need to wait 26 weeks before requesting flexible work arrangements. They can now make a request from their very first day of employment.

● Two Requests Per Year: Employees are entitled to make up to two flexible working requests within every 12-month period.

● Explanation of Effect on Employer: Employees no longer need to explain what effect their request will have on the employer and how any effect could be dealt with.

● Faster Employer Response: Employers have a shortened deadline of two months to respond to flexible working requests (including any appeal), offering a more streamlined process (although the employer and employee can agree an extension between themselves).

● Reasoned Rejection and Consultation: If an employer decides to reject a request, they must now meet with the employee to discuss the reasons for the decision and explore potential alternatives.

What this Means for Employees

These changes place a greater emphasis on work-life balance and acknowledge the diverse needs of the modern workforce. Here's what these shifts mean for UK employees:

● Increased Opportunity: You can test out different flexible work arrangements more frequently to find what truly works best for you.

● Adapting to Life Changes: You can more easily adjust your working situation as personal circumstances change.

● Transparency and Collaboration: The mandatory consultation period fosters open communication and a chance to collaborate with your employer on finding workable solutions.

A Word for Employers

While these changes might demand adjustments within your organisation, it's important to see the potential benefits. Embracing flexible working can lead to:

● Improved employee retention: Happier workers with a better work-life balance are more likely to stay.

● Increased productivity: Flexible arrangements can boost motivation and efficiency.

● Attracting top talent: Offering flexibility makes you a more appealing employer.

The Future of Work

The 2024 updates to flexible working rights reflect a growing movement toward a more human-centred approach to work in the UK. Employees are increasingly prioritising adaptability and control over their schedules, and these changes help meet those evolving needs.

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Protection from Redundancy (Pregnancy and Family Leave) Act 2023

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The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

20.03.24

2024 Employment Law Updates: What You Need to Know

mk@kilgannonlaw.co.uk (Matthew Kilgannon) — Wed, 20 Mar 2024 16:22:44 GMT

Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.

Increased compensation and redundancy

The weekly pay rate links to many types of claims, in particular, the calculation of statutory redundancy and awards for unfair dismissal.

The annual increase takes into account inflation meaning 2024 sees a much bigger increase than usual.

From 6 April 2024, the cap on a week’s pay will increase from £643 to £700. This impacts the amount that needs to be paid for statutory redundancy; anyone earning more than this (or £36,400 p.a.) will have their statutory redundancy pay capped at the £700 weekly rate rather than using their actual weekly rate of pay. Anyone earning less than £700 per week will have their statutory redundancy pay calculated based on their actual weekly pay. The maximum amount of statuary redundancy climbs to £21,000; a sum based on age and length of service.

From 6 April, the maximum compensatory award for claims of unfair dismissal will rise from £105,707 to £115,115 (although this is capped at the employee’s annual salary if lower).

Other changes include; the statutory guarantee pay (for employees who are temporarily laid off) increases from £35 to £38 per day. The basic award for certain types of unfair dismissal increases £7,836 to £8,533.

Increased National Minimum Wage

On 1 ^st April 2024 the national minimum wage for workers aged 21 and over increases to £11.44. The age has also been lowered to 21, when previously it applied to those aged 23 years old.

Increased Statutory Sick Pay

On 6 ^th April, this increases to £116.75 per week (from £109.40).

Increased Family-Related Statutory Pay

From 6 ^th April, the rates of statutory maternity pay, statutory adoption pay, statutory paternity pay, statutory parental bereavement pay and statutory shared parental pay increase to £184.03 per week (from £172.48).

Holiday and holiday pay

Changes to holiday include the introduction of new rules that should greatly simplify the rules for workers who work term-time only and/or are paid by the hour.

Calculation of holiday entitlement

For leave years starting on or after 1 April 2024, holiday entitlement for some workers will accrue at a rate of 12.07 per cent (or a higher percentage if they are entitled to more than the statutory minimum) of the number of hours worked in each pay period. Provided they meet the new definition of a part-year worker or an irregular-hours worker, this should simplify calculating holiday entitlement.

Rolled-up holiday pay

Rolled-up holiday pay had been declared as unlawful by the European courts. However, employers of part-year workers and irregular-hours workers will be able to opt to pay rolled-up holiday pay; an uplift to pay of 12.07 per cent for holiday pay; rather than calculating and paying holiday pay at the time the worker takes holiday.

Tips

This change is likely to come into force on 1 July 2024. Currently, cash tips usually seen as the property of the worker they are paid to. Card payments are usually seen as belonging to the employer.

The purpose of this change is to ensure that 100% of the electronic tips are dealt with in a fair and transparent way. Employers will also be required to pay tips to its workers no later than the end of the month the tips were made.

Employers will also need a written policy on tips, and to keep a record for 3 years as to how tips have been dealt with. If needed, employees (and agency workers) will have the right to request information relating to the tipping records.

TUPE changes

Transfers taking place on or after 1 July 2024, will see different rules apply.

Employers will have the option to consult directly with staff (rather than elect employee representatives), if:

· the organisation has fewer than 50 employees, or

· if fewer than 10 employees will transfer regardless of the size of the organisation.

Currently this option is only available to employers of fewer than 10 employees.

Duty to prevent sexual harassment

From October 2024, employers will be obliged to take reasonable steps to prevent the sexual harassment of their employees during employment. Tribunals will be able to increase compensation by up to 25 per cent if this duty is breached.

Predictable working

It is expected that, in approximately, September 2024, a new statutory right for workers will be introduced allowing them to request a more predictable working pattern.

It will be relevant for those whose existing working patterns are uncertain in relation to the hours or times they work, e.g. casual workers, those on annualised contracts and those on a fixed term contract of 12 months or less.

The government has indicated the qualifying period for this right will be 26 weeks’ service, but workers will not need to have worked continuously.

There will be a procedure to follow (akin to a flexible working request). ACAS has launched a draft Code of Practice (available here ) which will address the handling of such requests. It is anticipated that the Code will not be legally binding.

Family Friendly Rights

This legislation will come into force on 6 April 2024. This will allow employees the right to take one week of statutory unpaid carer’s leave in a 12 month period, to care for (or arrange care for) a dependent with long-term care needs.

This is a ‘day one’ right. The leave can be taken as half days or full days and does not need to be taken on consecutive days.

Notice needs to be provided by the employee and there are rules around allowing an employee to postpone the leave. Any dismissal of an employee connected to them taking carer’s leave will be automatically unfair.

Currently, those on maternity, adoption or shared parental leave have the right to be offered suitable alternative employment (if it exists) during a redundancy situation, but is limited to the duration of the leave.

This new legislation extends this protection to:

· include pregnant employees; covering them from when they inform their employer of their pregnancy; and

· those who have recently returned from maternity, adoption or shared parental leave (where the shared parental leave is greater than six weeks). Under these new laws, they will have the protection extended to until the child is 18 months old for natural births or 18 months from adoption.

Failure to follow this will give the employee the right to bring a claim for automatic unfair dismissal.

Paternity Leave (Amendment) Regulations 2024

The changes to Paternity leave for children born or adopted on or after 6 April 2024 aim to make paternity leave less stringent by:

· Allowing employees to take paternity leave as two one-week blocks (instead of the current one block of one or two weeks);

· Letting employees take the leave within the child’s first year following the birth or adoption (rather than it being within the current first eight weeks); and

· Only requiring 28 days’ notice to take paternity leave (rather than the current 15 weeks’ notice).

Employment Relations (Flexible Working) Act 2023

Flexible working laws will change this year. The important amendments from 6 April 2024 are:

The right to request flexible working will now be a day-one right.
A decision must be made by the employer within two months.
An employee will be able to make two requests within a 12-month period (instead of just one).

As part of the request, employees no longer need to explain how the change will affect the employer or explain how to deal with that change.

Summary

You should take steps to ensure that you understand your new obligations. And you should review and update any relevant policies.

If you would like any advice or assistance with the above, please contact the writer, Matthew Kilgannon on mk@kilgannonlaw.co.uk .

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Matthew Kilgannon

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

20.03.24

Bullying in the Workplace – why we need a little R.E.S.P.E.C.T

Tue, 19 Mar 2024 15:35:06 GMT

Bullying in the Workplace – why we need a little R.E.S.P.E.C.T

What’s the scale of the problem?

Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).

What’s the legal position?

Employees are often surprised that there is no legal definition of ‘bullying’ as such and that workers cannot bring a standalone claim against their employer for bullying. However, this may explain why over half of those who experience bullying never report it4.

Employers are not legally required to have a policy on bullying in the workplace, although it is considered best practice to have one and many employers do refer to bullying in their anti-harassment and/or grievance policies.

Currently, workers who experience bullying in the workplace may be able to seek redress through the employment tribunals under discrimination or harassment law and employees may be able to pursue a claim for constructive unfair dismissal through the employment tribunals, or a claim for personal injury could be pursued via the civil courts. However, some find themselves falling through the cracks in legal protection.

What’s changing?

A new Bill has been proposed which will introduce a legal definition of bullying for the first time. The Bullying and Respect at Work Bill is due to have its second reading in the House of Commons in June 2024, so it is still in the early stages and the proposals will likely be subject to change before the Bill becomes law.

As well as defining bullying at work, the Bill seeks to make provision to allow for claims for bullying to be considered by employment tribunals and to provide a code setting out minimum standards for working environments.

Under the Bill, the Equalities and Human Rights Commission will have the power to investigate workplaces where there is evidence of bullying and to take enforcement action.

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

20.03.24

What witnesses should I call in an Employment Tribunal?

Wed, 28 Feb 2024 16:22:21 GMT

If you're an employee bringing a claim against your employer in an employment tribunal, you may be wondering who you should call as witnesses. Here are some things to consider when making your decision:

- What is the nature of your claim.

- What points of law and fact are disputed.

- Who has direct knowledge of the events and points of dispute in question.

- Who can provide supporting documentation.

- Who will be most credible to the tribunal (i.e. does the witness have their own agenda to grind)?

- Will the witness be reliable (e.g. will they turn up).

Keep in mind that you do not have to call witnesses just because they were present during the events in question. You should only call witnesses whose testimony will help to support your case where there are disputed points, so you are helping the Tribunal understand and decide what happened.

Ensuring the witness will attend and be credible is very important. Most cases are won or lost on the strength of the witness evidence, so you should think long and hard about who you ask to support you.

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

03.11.23

Mental Health & Disability Rights | Springhouse Solicitors

Tue, 20 Feb 2024 13:40:05 GMT

In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law.

Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.

Understanding Discrimination

Discrimination occurs when an individual is treated unfairly or unfavourably due to a protected characteristic. In the context of mental health conditions, employers are legally prohibited from discriminating against employees on the grounds of disability. Discrimination can take various forms, including direct discrimination, indirect discrimination, harassment, and victimisation. UK employment law provides comprehensive protection to employees facing such discrimination, emphasising the need for equal opportunities and fair treatment in the workplace.

Legal Framework

The Equality Act 2010 serves as the cornerstone of UK employment law regarding discrimination. It consolidates and strengthens previous legislation, providing a unified framework for protecting individuals from discrimination in various areas, including employment. Under the Equality Act 2010, mental health conditions can be considered disabilities, entitling affected employees to legal protection against discrimination.

Unlawful discrimination can occur in different ways:

1. Direct Discrimination: This occurs when an employer treats an employee less favourably because of their disability. For example, refusing to promote an employee solely based on their condition.

2. Indirect Discrimination: This form of discrimination arises when an employer implements a policy, rule, or practice that disproportionately affects employees with disabilities. Unless it can be objectively justified, such practices are deemed unlawful.

3. Harassment: Harassment refers to unwanted behaviour that violates an individual's dignity or creates an intimidating, hostile, degrading, or offensive environment. Employers could be held liable for harassment related to disabilities or failure to address any instances promptly.

4. Victimisation: Victimisation occurs when an employee is treated unfavourably because they have made or intend to make a complaint or raise a concern about discrimination based on disability.

Consequences of Discrimination

Employers who engage in discrimination against employees based on disabilities can face severe legal consequences. Employees who believe they have been discriminated against can file claims before an employment tribunal, seeking compensation for financial loss, injury to feelings, and potential reinstatement or compensation for loss of career prospects.

Employment tribunals have the power to make significant awards against employers found guilty of discrimination. Additionally, reputational damage, negative publicity, and the erosion of employee morale can result from publicised cases of discrimination. It is therefore in the best interest of employers to comply with the law and foster an inclusive workplace environment.

Conclusion

UK employment law provides robust protection against discrimination based on disability. Employers should treat employees fairly and equally, ensuring that they are not subjected to direct or indirect discrimination, harassment, or victimisation. Non-compliance with these laws can lead to legal claims, significant financial penalties, and reputational harm. Employers should proactively create a workplace culture that supports and respects employees' mental health, promoting equality and inclusion. By embracing these principles, employers not only meet their legal obligations but also cultivate a productive and harmonious work environment for all employees.

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The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

20.04.24

Data Protection Breaches at Work: Legal Consequences for Employees

Tue, 06 Feb 2024 09:37:31 GMT

A Comprehensive Guide to Understanding Employee Liability in GDPR Breach Cases.

In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.

The Employee's Role in Data Protection

Employees are not mere spectators in the realm of data protection; they are active participants. GDPR places a significant burden on employees to process personal data lawfully and securely, emphasising the importance of their role in maintaining compliance.

What Constitutes a Data Protection Breach?

Understanding the scope of a data protection breach is essential for employees. Such breaches can encompass anything from accidentally forwarding sensitive information to unauthorized individuals to mishandling customer data. The key is recognizing when a breach has occurred and reporting it promptly.

Employee Liability Under GDPR

GDPR holds employees accountable for their actions related to data protection . Depending on the circumstances, employees may face a range of legal consequences, from internal disciplinary measures within their organisation to external enforcement actions.

Internal Consequences: Disciplinary Actions

When an employee is found responsible for a data protection breach, the organisation may initiate disciplinary actions. These actions can include warnings, suspension, demotion, or termination of employment, depending on the severity of the breach and the organisation's policies.

Criminal and Civil Liability

In some cases, particularly if the breach involves intent or recklessness, employees may be subject to criminal or civil liability under the Data Protection Act 2018. Criminal offences may result in fines, and in severe cases, imprisonment. Civil liability can lead to compensation claims from affected parties.

Establishing Intent and Negligence

Determining liability often hinges on whether the breach was intentional or the result of negligence. Intentional breaches, such as data theft or unauthorized access, carry more severe consequences. Negligence, such as failing to follow established data protection procedures, may still result in liability but typically carries less severe penalties.

Employee Rights and Organisational Support

Employees have rights when facing allegations of data protection breaches. They are entitled to a fair investigation and legal representation if necessary. Employers must also provide adequate training and resources to help employees understand and fulfil their data protection obligations.

Preventing Data Protection Breaches

Prevention is the most effective strategy for employees. Regular training, clear data protection policies, and a culture of compliance within the workplace can significantly reduce the likelihood of breaches.

Conclusion: Navigating Data Protection Responsibilities

In conclusion, data protection breaches at work can have significant legal consequences for employees in the United Kingdom. Employees must be aware of their responsibilities, the potential legal ramifications of non-compliance, and their rights when facing allegations. By proactively adhering to data protection best practices and seeking support from their organisations, employees can contribute to a safer and more compliant workplace while minimizing their exposure to legal liability.

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The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

06.02.24

Well-being Initiatives and UK Employment Law Introduction

Mon, 22 Jan 2024 10:54:44 GMT

In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.

Legal Considerations

Employers should be aware of the following legal considerations when implementing well-being initiatives:

Health and Safety at Work Act 1974: Under this Act, employers have a legal duty to ensure the health, safety, and well-being of their employees. Well-being initiatives can contribute to fulfilling this duty by addressing mental health and promoting a positive working environment.
Equality Act 2010: Employers must ensure that well-being initiatives do not discriminate against any protected characteristic under the Equality Act, such as age, disability, gender, or race. Programs should be inclusive and accessible to all employees.
Data Protection: Well-being initiatives often involve collecting and processing personal data. Employers must comply with the General Data Protection Regulation (GDPR) and ensure that employees' personal information is handled confidentially and securely.

Benefits of Well-being Initiatives

Implementing well-being initiatives can bring numerous benefits for both employees and employers:

Enhanced Employee Well-being: Well-being initiatives provide employees with access to resources and support that promote their mental health and overall well-being. This can lead to increased job satisfaction, improved work-life balance, and reduced stress levels.
Increased Productivity: When employees' well-being is prioritised, they are more likely to be engaged, motivated, and productive. Well-being initiatives can contribute to higher levels of job performance and job satisfaction.
Reduced Absenteeism and Presenteeism: By supporting employees' mental health, well-being initiatives can help reduce absenteeism (unplanned absences) and presenteeism (employees being physically present but not fully functioning due to poor health or well-being).
Positive Organisational Culture: Implementing well-being initiatives sends a clear message to employees that their well-being matters to the organisation. This can contribute to a positive and supportive organisational culture, fostering employee loyalty and retention.

Considerations for Employers

When implementing well-being initiatives, employers should consider the following:

Employee Consultation: Involve employees in the design and implementation of well-being initiatives to ensure they address their needs and preferences effectively. Conduct surveys or focus groups to gather feedback and tailor programs accordingly.
Appropriate Resources: Allocate sufficient resources, both financial and human, to support the implementation and maintenance of well-being initiatives. This may involve dedicated staff, budgets, and access to external providers or resources.
Evaluation and Monitoring: Regularly assess the effectiveness of well-being initiatives through employee feedback, satisfaction surveys, and key performance indicators. Monitor the impact on employee well-being, engagement, and business outcomes.
Confidentiality and Privacy: Maintain strict confidentiality when handling employee data as part of well-being initiatives. Comply with data protection laws and ensure that employees' privacy is respected.
Inclusivity and Accessibility: Ensure that well-being initiatives are accessible to all employees, regardless of their role, working arrangements, or personal circumstances. Consider diverse needs, such as language requirements or disabilities, and provide reasonable accommodations where necessary.

Conclusion

Well-being initiatives play a crucial role in supporting employees' mental health and overall well-being. By implementing programs such as EAPs and wellness initiatives, employers demonstrate their commitment to creating a positive and supportive work environment. Compliance with UK employment law, including considerations of health and safety, equality, and data protection, is essential when implementing well-being initiatives. Employers who prioritise employee well-being can expect to reap the benefits of increased productivity, reduced absenteeism, and a positive organisational culture.

Disclaimer: This article provides general information and should not be construed as legal advice. For specific legal guidance on implementing well-being initiatives in the workplace, it is advisable to consult with an employment law professional.

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Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

21.01.24

Combating Harassment: Employer Duties under UK Employment Law Introduction

Fri, 19 Jan 2024 13:24:35 GMT

Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.

Understanding Harassment

Harassment in the workplace encompass unwelcome behaviour that violates an individual's dignity, creates an intimidating, hostile, degrading, humiliating, or offensive environment, and can have a detrimental impact on mental well-being. Such behaviour can be based on protected characteristics, including race, gender, age, disability, sexual orientation, or religion.

Legal Framework

The Equality Act 2010 is the key legislation governing harassment in the workplace. It provides a legal framework for protecting employees from discriminatory behaviour and sets out the employer's responsibility to prevent and address such conduct.

Under the Equality Act 2010, employers have a duty to:

Prevent Harassment: Employers must take proactive steps to prevent harassment in the workplace. This includes implementing clear policies, providing training to employees, and fostering a culture of respect.
Investigate and Address Complaints: Employers are obligated to thoroughly investigate complaints of harassment and take appropriate action to address the issue. This may involve disciplinary measures, counselling, or mediation to resolve conflicts.
Provide a Grievance Procedure: Employers should establish a clear and accessible grievance procedure that allows employees to raise concerns about harassment. This ensures that complaints are addressed promptly and fairly.
Vicarious Liability: Employers can be held vicariously liable for the actions of their employees in cases of harassment. This means that employers may be legally responsible for the misconduct of their employees, even if they were unaware of the behaviour.

Preventing and Addressing Harassment

To effectively address and prevent workplace harassment, employers can implement several measures:

Policies and Training: Employers should develop comprehensive anti-harassment and anti-bullying policies that clearly define unacceptable behaviour and provide guidance on reporting procedures. Regular training sessions can also educate employees on their rights and responsibilities.
Promote a Positive Work Culture: Employers should foster a work environment that promotes respect, inclusivity, and open communication. This can be achieved through regular communication, team-building activities, and diversity and inclusion initiatives.
Encourage Reporting: Employers should encourage employees to report incidents of harassment or bullying without fear of reprisal. This can be achieved by assuring confidentiality, providing multiple reporting channels, and offering support throughout the process.
Swift and Appropriate Action: Employers must take prompt and appropriate action when a complaint is made. This involves conducting impartial investigations, providing support to the affected employee, and implementing disciplinary measures when necessary.

Legal Implications

Failure to address and prevent workplace harassment can result in legal consequences for employers. Employees who experience harassment may bring claims under the Equality Act 2010, alleging discrimination, harassment, or victimisation. If an employment tribunal finds the employer liable, it can order compensation, issue financial penalties, and damage the employer's reputation.

Conclusion

UK employment law places a significant duty on employers to address and prevent workplace harassment, recognising the impact on employees' mental well-being. By implementing robust policies, providing training, fostering a positive work culture, and promptly addressing complaints, employers can create a safe and respectful environment for their employees. Compliance with legal obligations not only protects employees' rights but also contributes to a productive and harmonious workplace where individuals can thrive professionally and maintain their mental health.

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The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

19.01.24

Handling Mental Health Disclosures in the Workplace: Employer Obligations under Employment Law in England and Wales

Mon, 04 Dec 2023 15:15:02 GMT

Introduction

In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination.

This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.

Understanding Mental Health Disclosures

A mental health disclosure refers to an employee voluntarily sharing information about their mental health condition with their employer. It is crucial to recognize that employees are not legally obligated to disclose their mental health condition unless it directly impacts their ability to perform their job or if they require reasonable adjustments. Disclosures may be made during recruitment, while already employed, or as part of an ongoing conversation regarding employee well-being.

Legal Framework

The Equality Act 2010 and the Data Protection Act 2018 provide the legal framework for handling mental health disclosures in the workplace.

Equality Act 2010: Under this legislation, mental health conditions are considered disabilities if they have a substantial and long-term adverse effect on an individual's ability to carry out normal day-to-day activities. Employers have a legal duty to make reasonable adjustments to accommodate employees with disabilities, including mental health conditions.
Data Protection Act 2018: This legislation governs the collection, storage, and processing of personal data, including sensitive personal data such as health information. Employers are required to handle personal data, including mental health disclosures, in accordance with data protection principles, ensuring confidentiality and appropriate security measures.

Handling Mental Health Disclosures Sensitively

Employers should adopt the following practices when handling mental health disclosures:

Confidentiality: Employers must treat mental health disclosures with utmost confidentiality. Only individuals who need to be informed for the purpose of implementing reasonable adjustments or providing support should be made aware of the disclosure. Disclosures should not be shared with colleagues or used for any purposes that could be perceived as discriminatory.
Privacy: Employers should ensure that discussions regarding mental health disclosures are conducted in private settings to maintain employee privacy and dignity. This may involve arranging one-on-one meetings or providing confidential channels for communication.
Non-Discrimination: Employers must avoid any form of discrimination or unfair treatment based on an employee's mental health condition. All decisions regarding employment, promotion, training, or benefits should be made based on an individual's abilities and qualifications, not their mental health status.
Reasonable Adjustments: If an employee discloses a mental health condition, employers have a legal duty to consider and implement reasonable adjustments. This may involve making changes to the working environment, adjusting work hours, providing additional support, or modifying workload to accommodate the employee's needs.

Legal Implications

Failure to handle mental health disclosures sensitively and in accordance with the law can lead to potential legal consequences. Employees who experience discrimination, harassment, or victimisation based on their mental health condition may file claims under the Equality Act 2010. Employment tribunals can order compensation, issue financial penalties, and require employers to implement changes to prevent future discrimination.

Conclusion

In line with UK employment law, employers have a responsibility to handle mental health disclosures sensitively, confidentially, and without discrimination. By creating an environment of trust, respect, and confidentiality, employers can encourage employees to disclose their mental health conditions and seek the necessary support. It is essential to maintain privacy, ensure non-discrimination, and provide reasonable adjustments when required. By fulfilling these obligations, employers can foster a culture of inclusivity, support employee well-being, and promote a positive working environment that benefits both employees and the organisation as a whole.

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Disclaimer

The above provides a general overview relating to aspects of employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

16.11.23

GDPR Compliance in HR: Best Practices for Safeguarding Employee Data

Mon, 04 Dec 2023 15:06:19 GMT

The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.

The Significance of GDPR in HR

GDPR, which came into effect in May 2018, ushered in a new era of data protection. Its principles apply directly to HR departments, which are custodians of vast amounts of employee data. GDPR in HR revolves around ensuring that the collection, processing, and storage of employee data are done in a lawful, transparent, and secure manner.

2. Data Mapping and Inventory

Start with a thorough data mapping exercise. HR should identify all sources of employee data, including CVs, contracts, performance reviews, and emails. Creating a comprehensive data inventory is essential for effective GDPR compliance.

3. Consent and Transparency

Obtain clear and informed consent from employees for data processing activities if you are relying on consent as your lawful basis for processing (see below). Transparency is key; HR should communicate why and how data is collected, processed, and stored. Privacy notices should be accessible and easy to understand.

4. Lawful Basis for Processing

Identify the lawful basis for processing employee data. HR often relies on contractual necessity, legitimate interests, or legal obligations. These options may be preferable to relying on consent as consent can be withdrawn and may not be seen as “freely given” in an employer / employee relationship. Understanding these bases is crucial to ensure GDPR compliance.

5. Data Minimization

Collect only the data that is necessary for HR functions. Avoid excessive data collection. The principle of data minimization requires HR to hold the least amount of data possible to fulfil its purpose.

6. Employee Rights

HR should be well-versed in employee rights under GDPR. These include the right to access, rectify, and erase personal data, as well as the right to object to processing. HR should have procedures in place to respond to these requests promptly.

7. Data Security Measures

Implement robust data security measures to protect employee data from unauthorized access, breaches, and cyberattacks. Encrypt sensitive data, enforce access controls, and conduct regular security assessments.

8. Data Protection Impact Assessments (DPIAs)

DPIAs are essential when HR introduces new data processing activities or technologies. They help identify and mitigate risks to employee data and ensure compliance with GDPR.

9. Employee Training

Comprehensive data protection training is vital for HR staff. Training programs should cover GDPR principles, employee rights, data security, and how to handle data subject requests.

10. Vendor and Third-Party Management

When HR engages third-party vendors or contractors, ensure they also comply with GDPR standards and breach reporting. Contracts should include data protection clauses and obligations.

11. Breach Response Plan

Have a well-defined data breach response plan in place. The person responsible for data protection should be ready to report breaches to the Information Commissioner's Office (ICO) within 72 hours of discovery and inform affected employees.

12. Regular Audits and Compliance Checks

Conduct regular audits of HR processes and data handling practices to ensure ongoing compliance with GDPR. Regularly review and update policies and procedures as needed.

13. Legal Consultation

Engage legal experts who specialise in GDPR and employment law. They can provide guidance on compliance and help HR navigate complex issues.

14. Retention Periods

Ensure that data is only kept for as long as reasonably necessary and have a clear retention period policy in place that is adhered to.

15. Continuous Improvement

GDPR compliance is an ongoing process. companies should continually monitor and adapt to changes in regulations, industry standards, and emerging threats.

Conclusion: HR as Guardians of Employee Data

HR departments play a pivotal role in GDPR compliance, as they manage and protect employee data. By following best practices and integrating data protection into HR processes, organisations in the UK can create a culture of data privacy, build trust with employees, and ensure GDPR compliance in the workplace. HR, as the guardians of employee data, must lead by example in safeguarding personal information and upholding data protection standards.

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Disclaimer

The above provides a general overview relating to harassment in the workplace and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

03.11.23

Whistleblowing, Sexual Harassment and Gagging Clauses.

Thu, 09 Nov 2023 14:29:24 GMT

On 23 October 2024, the new, positIn the employment context, the most common area for non-disclosure agreements is settlement agreements, under which an employee agrees to settle all claims in return for a compensation payment often where the employer has been unable to resolve a grievance including about unlawful discrimination or sexual harassment. It is unlawful to prevent an employee from making a protected disclosure (i.e. whistleblowing). However, what constitutes a whistleblowing is not sufficiently clear and may not catch all disclosures about discrimination and sexual harassment. For example, if the disclosure is not made in the public interest or made to prescribed persons, unless of an exceptionally serious nature and not for personal gain, then the gagging clause preventing disclosure about sexual harassment may be lawful.

Following, the Government’s consultation on reforming the law on confidentiality clauses in 2019, the Government pledged to take five key pieces of action, the result of which would including making it unlawful to seek to prevent an employee disclosing sexual harassment:

Legislate to ensure that a confidentiality clause cannot prevent an individual disclosing to the police, regulated health and care professionals or legal professionals;

Legislate so that the limitations of a confidentiality clause are clear to those signing them;

Legislate to improve independent legal advice available to an individual when signing a settlement agreement;

Produce guidance on drafting requirements for confidentiality clauses; and,

Introduce new enforcement measures for confidentiality clauses that do not comply with legal requirements.

Legislation is yet to be introduced to enact these commitments although at that time the government made it unlawful to seek to prevent an employee from disclosing sexual harassment to the Equality and Human Rights Commission by widened the scope of prescribed persons in the whistleblowing legislation.

In March 2018 the Solicitors Regulation Authority (SRA) reminded solicitors about their professional obligations and Code of Conduct. The SRA issued a warning notice on the use of non-disclosure agreements (NDA) to its members. Solicitors, that use or facilitate NDAs improperly will be at risk of disciplinary action in breach of their professional regulations. The SRA issued guidance about express wording for permitted disclosures that should be included in all agreements with gagging clauses and to prevent clauses that prevent disclosure by indirect means. This applies both to solicitors advising employers as well as the solicitor, who advises the employee or worker (a settlement agreement is not legally binding unless the employee work worker receives independent advice from a solicitor or other qualified adviser).

The Government is currently conducting a review into expanding the framework for whistleblowing legislation, and the outcome of that review is expected at the end of this year (2023). It may well include further widening of the whistleblowing legislation to make the unlawfulness of preventing disclosure of sexual harassment definitive.

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Disclaimer

The above provides a general overview relating to harassment in the workplace and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

03.11.23

Positive duty to prevent sexual harassment in the workplace

Fri, 03 Nov 2023 14:16:07 GMT

On 26 October 2023, Parliament passed new legislation to amend the Equality Act 2010 to place a duty on employers to take reasonable steps to prevent sexual harassment of employees and workers during the course of their employment. The new duty comes into force on 26 October 2024.

If a tribunal considers that an employer has failed to comply with the duty, it will have the power to award an uplift of up to 25% on any compensation awarded, depending on the extent the employer has failed in its obligations. The uplift is in addition to the employment tribunals’ existing power to award an uplift of up to 25% uplift if it considers that an employer has failed to comply with its obligations under the statutory Code of Practice on Disciplinary and Grievance procedures. A 25% uplift on what can be hefty compensation, together with a further uplift of 25% could mean very high awards.

The duty to take reasonable steps is a positive duty. What it will look like will vary on a case-by-case basis. As a minimum, reasonable steps would include promoting a culture of respect in the workplace, having proper anti-harassment and bullying policies. It is not sufficient just to have a policy and circulate it to employees, but an employer must demonstrate that it has provided training relating to the matters set out in the policy for its staff and training for managers on their responsibilities.

It is already a legal obligation for an employer to have written grievance procedures. The effect of the new, positive duty means it is important to ensure that all grievances whether raised informally or formally are dealt with properly to resolve matters internally at work to stop matters escalating.

Where internal procedures fail, and the relationship has broken down an employer may offer a settlement agreement under which potential claims are settled and the mutual termination of employment is agreed, in return for a compensation payment. An employer will require obligations from the employee to keep matters confidential and not to make derogatory comments about the employer. It is important to note that the scope of those contractual obligations are limited. An employer cannot enforce a confidentiality clause to prevent an employee from reporting unlawful activity in the public interest and should not be used to stop someone reporting discrimination, harassment or sexual harassment. There are likely to be further developments relating to the lawfulness of non-disclosure agreements in the context of workplace disputes in the future.

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Disclaimer

The above provides a general overview relating to harassment in the workplace and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

03.11.23

What is a Deposit order in the Employment Tribunal?

Mon, 28 Aug 2023 19:39:59 GMT

Employment tribunals are often reluctant to strike out cases at an early stage unless there is a compelling reason to do so. An alternative option for the Tribunal is to make a deposit order.

A deposit order is a sum of money (up to £1,000 per allegation or argument depending on the financial situation of the party who has been ordered to pay the deposit) that the Employment Tribunal may order a party to pay in certain circumstances (i.e., where such allegation or argument has “little reasonable prospect of success”), usually as a condition of continuing with the allegation or argument.

If the Employment Tribunal makes a deposit order, the amount ordered must be paid in accordance with the deposit order. If this is not done, the failing party may have the arguments/allegations to which the order relates stuck out and be at greater risk of costs.

If a deposit order is made, it is likely to discourage the party from pursuing the claim as it indicates that a Tribunal considers the argument or allegation to be without merit. The purpose of the deposit is to ensure that only arguments or allegations with a realistic prospect of success proceed to a full hearing.

Deposit orders can be made at any stage in the Employment Tribunal process, but are most commonly made at an early stage of proceedings.

If a party is required to pay a deposit, and loses the argument to which it relates, it could be seen that continuing with the argument was unreasonable and put that party at risk of costs. Further, the Tribunal may order that the deposit is paid to the other party.

If you have been asked to make a deposit order, or if you want to know how to request one, you should seek legal advice as soon as possible. Employment law is complex and you will need to understand the full implications of how t make an application for a deposit order.

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Disclaimer

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23

How do I reduce the value of an Employment Tribunal claim against me?

Mon, 28 Aug 2023 19:28:52 GMT

If you have been named in an Employment Tribunal claim, there are a few ways that you can try to reduce the value of the claim against you.

First, you can offer a claimant alternative employment within your organisation. This could be at a different location or on different terms and conditions, but it would still allow them to continue working for you. Compensation is based on the financial losses a person suffers, so the sooner you can find a ways to stop their loss of earnings, the lower the value of the claim could be, especially if they are claiming reinstatement or reengagement. Of course, you may not want to re-employ someone who is suing you!

Second, you can try to reach a settlement with the claimant outside of the tribunal process. This could involve paying them a sum of money in exchange for them settling their claim or agreeing to make changes to their working conditions or hours. If you agree terms you should secure them via a formal settlement agreement.

Thirdly, you can source evidence of other available jobs the claimant could have applied for outside your business. This will help the tribunal decide whether the claimant has ‘mitigated their loss’. If not, the tribunal can reduce an award for this reason. This involves arguing that the claimant has not suffered any financial loss, or that their losses are not as great as they claim. If you are successful in reducing the value of the claim against you, this could mean that you have to pay less in damages if the case is decided in the claimant's favour.

Fourthly, if the claimant has not followed the ACAS code, there could be an argument for a reduction in compensation of up to 25%. The facts of the case will depend on whether such an argument is present. Conversely, make sure you follow the ACAS code of practice relating to any disciplinary and grievance processes to avoid an uplift of up to 25% on any compensation awarded to the claimant.

Fifthly, if the claimant’s conduct was such that it was the cause or contributed towards the dismissal, then you can argue they contributed to the termination of their employment. If the tribunal agrees, it can reduce the award by a percentage from 0%-100% depending on how culpable the tribunal believes the claimant was.

Finally, you can argue that the dismissal would have happened in any event. This argument usually applies where there has been a failure to follow a fair process, but the outcome was right and would have been the outcome had the correct process been followed. If successful, this can help limit the award to the time it would have taken to follow a fair process, which could be a matter of weeks in redundancy or misconduct cases.

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Disclaimer

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23

How do I complete a schedule of loss for an Employment Tribunal claim?

Mon, 28 Aug 2023 19:23:02 GMT

If you are an employee who has been dismissed or otherwise treated unfairly or unlawfully (e.g. discrimination) at work, you may be able to make a claim to an employment tribunal. Part of the process of making a claim is to submit a schedule of loss, which details the financial losses you say you have suffered and, in the case of discrimination or detrimental treatment, non-financial losses such as compensation for injury to feelings.

Your schedule of loss is an indication of how you value your claim.

A well-prepared schedule of loss may help you to negotiate a settlement before your tribunal hearing.

In order to complete a schedule of loss, you will need to itemise all of the financial losses you have incurred, including loss of earnings, pension rights and any other benefits during the course of your employment. You should also include how much future loss you are likely to suffer, and this could take into account things like lost promotion opportunities, pay-rises, bonuses, LTIPs, stock options or career progression, out-of-pocket expenses as well as loss of earnings, pension rights and benefits.

A schedule of loss is made up several parts depending on your claims:

● an opening section to record the facts and figures

● the basic award

● the financial award (loss of earnings)

● compensation for loss of statutory rights

● additional costs/financial losses

● penalty payments

● the non-financial award (e.g. injury to feelings)

● acas uplift

● interest

● grossing up for tax

The facts and figures

Here you should set out the background information, such as your start date, termination date, age, salary (net and gross), benefits (and value) etc.

This section helps the Tribunal and your former employer to understand and agree the basis for the calculations that follow.

The basic reward for unfair dismissal or constructive unfair dismissal

This is a statutory award based on your length of service and age at the date of dismissal (or resignation in the case of a constructive dismissal claim)

The calculation is actually the same as that used to calculate statutory redundancy. If you have been made redundant and paid a statutory redundancy payment, this should be noted in your schedule of loss.

The Financial award (Loss of earnings)

In this section you would set out your loss of earnings (and other benefits) up to the date of your final hearing or the point at which your losses stopped if for example, you found another job.

You would also include the future loss you are going to incur beyond the hearing and you should give credit for any replacement income you have received, including state benefits.

For claims involving only unfair dismissal (and constructive dismissal), there is a cap that applies to the amount of compensation you can be awarded of the lesser of 52 weeks’ pay or £105,707 for the year to April 2024.

In cases of discrimination or whistleblowing, there is no such cap, so you may be able to claim more for future losses.

Loss of statutory rights

This is a sum usually of between £350 - £500 to compensate an employee for the loss to claim unfair dismissal until they have been in new employment for two years.

Additional costs/financial losses

Additional costs that you may need to claim for could include.

● Any maternity pay you feel you missed out on

● Unpaid holiday

● Unpaid bonuses & commissions

● Notice pay

● If you are unable to find another job and decide to set-up your own business, you may be able to claim some of the set-up costs.

Penalty Payments

Some claims attract penalty payments such as a failure to properly consult about large scale redundancies; or a failure to consult an employee about the transfer of their employment to a new employer upon a sale of a business, or if an employer fails to deal with a flexible working request properly.

Non-financial Award

In cases of discrimination or detriments you may also be able to claim compensation for ‘injury to feelings’ and ‘personal injury’ depending on the impact of the treatment.

Acas uplift

If you are claiming an uplift (up to 25%) for your employer’s failure to follow the ACAS code, this should also be added to your financial and non-financial losses (but not to the basic award).

Interest

The Employment Tribunals have the power to award interest on your past losses as part of the compensation for discrimination. You do not have to add this to your schedule of loss but if you do, it will be helpful to the employment tribunal.

Taxation

Some parts of the financial losses will be calculated gross and other parts calculated net, which means part of the schedule of loss will need to be grossed up for tax and other parts are exempt from tax. Grossing up for taxation is beyond the scope of this article.

If you are not sure how to complete a schedule of loss, or what you can include, you can speak to one of our experienced employment solicitors who can assist you.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23

What are the best tactics for a respondent to win in the Employment Tribunal?

Mon, 28 Aug 2023 19:03:54 GMT

If you are defending an employment tribunal, there are a number of things you can do to increase your chances of success. Here are a few key tips:

1. Understand the process – it is vital that you understand the process of an employment tribunal so that you know what to expect. Knowing and complying with the key dates and deadlines is also crucial so that you are prepared. Make sure that you read and comply with all orders and directions from the Employment Tribunal.

2. Call witnesses – if you have witnesses who can explain what happened and why they made certain decisions, they should prepared detailed statements and attend the hearing.

3. Gather evidence – strong evidence is key in any legal case. Make sure your witnesses reference the relevant documents supporting their statements to back up their testimony.

4. Get expert help – if you want to give yourself the best possible chance of winning an employment tribunal, it is worth seeking expert help from a specialist employment law solicitor. They will be able to guide you through the process and offer valuable advice.

5. Keep calm – it can be easy to get caught up in the emotion of an employment tribunal, which can often descend into mud-slinging, but it is important to stay calm and collected throughout. This will help you present your defence in the best possible light.

6. Be prepared – make sure you are well prepared for your hearing. This means knowing what you need to say, what your witnesses will say, what questions you want to ask the claimant and points you want to advance to the judge. If you are prepared, it could help you win.

7. Make a good impression –make sure you and your witnesses dress smartly and present yourselves in a positive light. This will show the tribunal that you are all taking the case seriously.

8. Be clear and concise – when presenting your case, ensure you are succinct in what you say. The tribunal will not want to hear a long-winded points or views, so keep it short and to the point.

9. Consider negotiating – before the final hearing, there is opportunity to negotiate a settlement. If you feel like this is an option, it is worth considering early on, as it could save you time and money in the long run.

10. Minimise the risks - Having proper processes and procedures in place before taking any action to dismiss an employee or how to deal with a grievance will help defend any subsequent claims.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23

What are the best tactics for a claimant to win in the Employment Tribunal?

Mon, 28 Aug 2023 18:19:44 GMT

If you are pursuing an employment tribunal claim, there are a number of things you can do to increase your chances of success. Here are a few key tips:

1. Understand the process – it is vital that you understand the process of an employment tribunal so that you know what to expect. Knowing the key dates and deadlines is also crucial so that you can be prepared. Make sure you read and understand the orders and directions from the tribunal and comply with them.

2. Gather evidence – strong evidence is key in any legal case, and it is no different when it comes to winning an employment tribunal. Make sure you have all relevant documents and emails to back up your claim.

3. Instruct a solicitor – whilst you are not required to have legal representation at an employment tribunal, it is often advisable to do so. A solicitor will be able to guide you through the process and give you the best chance of success.

4. Find relevant witnesses – if you have any witnesses who can corroborate your account of events, especially disputed events, make sure to get their contact details so they can be called upon if needed.

5. Stay calm – it can be easy to get caught up in the emotion of an employment tribunal, but it is important to stay calm and collected throughout. This will help you present your case in the best possible light.

6. Be prepared – make sure you are well prepared for your day in court. This means knowing what you are going to say, the questions you want to ask your employer’s witnesses and having all of your evidence to hand. If you are not prepared, it could cost you the win.

7. Make a good impression – first impressions count, so make sure you dress smartly and present yourself in a positive light. You should show respect to the Judge/panel and other side. This will show the tribunal that you are taking the case seriously.

8. Be clear and concise – when presenting your case, make sure you are clear and concise in what you are saying. The tribunal will not want to hear a long-winded account of events, so keep it short and to the point.

9. Don’t be afraid to negotiate – before the case goes to tribunal, there is the opportunity to negotiate a settlement with your employer, and ACAS can help. If you feel like this is an option, it is worth considering as it could save you time and money in the long run.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23

How much is my Employment Tribunal claim worth?

Mon, 28 Aug 2023 18:12:42 GMT

The value of your claim will, firstly, depend on the type of claim you are successful in. Generally, discrimination claims are more valuable (but more complex).

The amount you could receive will, secondly, depend on a number of factors, including the severity of your employer’s failings, your salary, the length of time you were employed for, how long you are out of work for and your individual circumstances.

Ultimately, if you win your case, the Employment Tribunal should order your employer to pay you compensation.

It is important to remember that even if you are successful in your claim, you may not receive the full amount of compensation you are claiming. This is because the sums an Employment Tribunal can only award for claims of unfair dismissal and breach of contract are capped and there are a number of other factors that the Tribunal may take into account.

What compensation can I get for unfair dismissal (including constructive dismissal)?

When you bring a claim for unfair dismissal, your employer must demonstrate that it had a fair reason to dismiss you, that your dismissal was a reasonable response, and that it followed the correct process. If it cannot satisfy a tribunal about those matters, you will win your claim for unfair dismissal.

If you win an unfair dismissal claim, you should be awarded:

The basic award, which is a statutory award based upon your length of service and age at the date of dismissal (or resignation in the case of a constructive unfair dismissal claim).

The calculation is actually the same as that used to calculate statutory redundancy.

The compensatory award, which is compensation for your financial losses broadly based on the time you are out of work plus £350 - £500 for loss of statutory rights (you will need to be in new employment for two complete years until you accrue the right not to be unfairly dismissed again). The Tribunal will take your net weekly pay and determine a period of loss to calculate your compensation. The maximum amount the tribunal can award you for future loss of earnings is the lesser of 52 weeks’ of your pay or currently £105,707 as at May 2023.

The amount the Tribunal awards may be discounted if it feels certain circumstances are present, such as, you are partly/wholly to blame for your dismissal, you failed to follows the ACAS code, you failed to mitigate your loss and properly look for another job or your dismissal would have happened in any event.

If you were not paid any notice pay, you may be able to add your notice pay (a minimum of one week’s pay for each year of service capped at 12 weeks or, if greater, your contractual notice) as a breach of contract claim (wrongful dismissal) on top of the cap.

As such, the value of your claim for unfair dismissal is very much related to your specific situation. Your losses should be set out in a schedule of loss.

Can I get compensation for stress at work?

You may be able to claim for stress at work if you can prove that your employer has breached its duty of care towards you, and this has caused you loss.

This means that your employer has failed to take steps to protect your mental health and wellbeing and, as a result, you have suffered stress or other psychiatric injuries. However, you may need (or be better advised) pursuing this claim through the civil courts for personal injury, rather than the employment tribunal.

If you win your stress case, you can be awarded compensation for your injuries, as well as any financial losses you have incurred as a result of your employer’s negligence (such as loss of earnings).

To successfully claim for stress at work, you will need to be able to show that your employer knew or should have known that you were at risk of suffering stress-related injuries, and it failed to take steps to prevent this from happening. You will also need to be able to prove that the stress you have suffered has had a negative impact on your health and wellbeing. If you are unsure whether you have a case, speak to our specialist employment law solicitors today.

Can I get compensation if my employer has breached my contract?

If your employer has breached your contract, you may be able to make a claim for breach of contract, and the loss that you suffer as a result of its breach.

To successfully claim for breach of contract, you will need to show that your employer has breached one or more terms of your contract.

If you are successful in a breach of contract claim, the Employment Tribunal can order your employer to pay you compensation, subject to a limit of £25,000.

Can I get compensation for wrongful dismissal?

If you have been dismissed from your job wrongfully, you may be able to make an Employment Tribunal claim for compensation, but this will be limited to your notice period/pay only (a minimum one week’s pay for each year of service capped at 12 weeks or, if greater, your contractual notice).

You should therefore be able to easily calculate the value of a wrongful dismissal claim.

Often claims of wrongful dismissal are easier to win than unfair dismissal, as your employer needs to show you have seriously breached your contract for it to avoid paying you notice/salary etc.

Your claim will have a limited value as it is for notice only. If you are a high earner or have a long notice period, the Tribunal cap of £25,000 may be a factor so you may need to consider bringing your breach of contract claim in the civil courts instead.

Can I get compensation for unfair dismissal if I am a director of a company?

If you are a director of a company, and you have been dismissed from your job unfairly, you may be able to make an Employment Tribunal claim if you are an employee.

In your role as Director, you are likely to be an ‘officer’ of the company. Employment tribunals do not have capacity to award compensation for loss of directorship, only employment.

Directors often also own shares and, if you receive a lower salary so your main pay comes via dividends related to your shares, the income from shares is likely to be ignored by the employment tribunal (as it is not salary). If so, you may find the value of your claim is very low reflecting the low salary you draw.

Can I get compensation for discrimination?

To successfully claim for discrimination, you will need to show that your employer discriminated against you, typically by showing that it treated you less favourably than another employee because of a protected characteristic (such as your age, disability, gender reassignment, marriage or civil partnership, pregnancy, race, religion or belief, sex or sexual orientation).

Claims for financial loss upon a successful claim of discrimination are subject to the same discounting rules as unfair dismissal except there is no cap, so in theory you may be awarded your entire financial losses until such time as you secure new employment. In addition, you will be entitled to an additional award for ‘injury to feelings’. The amount of award for injury to feelings will depend on what has happened, the severity of the treatment and the period over which it occurred. The more severe and/or the longer the period and effect, the greater the award.

Injury to feeling awards are made in accordance with the Vento bands following the principles set out in the Vento case, and the low, medium and high brackets for awards are regularly reviewed and increased. As at May 2023, the Vento bands are lower band £1,100 - £11,200; middle band £11,200 - £33,700; and upper band £33,700 - £56,200. If the discrimination has caused a personal injury (psychiatric injury) the award for injury to feelings may be increased.

Can I get compensation for harassment or bullying?

If you have been harassed at work, you will firstly need to show that your treatment (harassment) was related to a protected characteristic (i.e. age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex or sexual orientation), as harassment can only be claimed as a form of discrimination.

Secondly, you will need to show that your employer acted in a way that was intended to, or had the effect of, violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

The benefit of harassment claims is that it focuses on how you perceive the treatment, not how it was intended. As such, it means more weight is given to your evidence as a claimant.

Unless you can link the harassment to discrimination, show it caused a psychiatric injury and/or you resigned because of it (and can claim constructive unfair dismissal or wrongful dismissal), there is generally no free-standing claim for things like bullying.

As harassment is a strand of discrimination, so compensation is along the same principles as discrimination if the injury to feelings and loss of earnings flow from the harassment – see above Can I get compensation for discrimination?

Can I get compensation for victimisation?

Victimisation is again a strand of discrimination, so compensation is along the same principles as discrimination - see above Can I get compensation for discrimination?

To successfully claim for victimisation, you will need to show that you were treated less favourably than another employee because you have made, or intend to make, a complaint of discrimination or harassment.

Can I get compensation for whistleblowing?

Upon a successful claim for being subject to a detriment during the course of your employment (such as being ostracised or denied promotion) for whistleblowing you will be entitled to an award for ‘injury to feelings’ and if applicable personal injury (psychiatric injury) following the same principles as discrimination – see above Can I get compensation for discrimination?

You may also be entitled to financial losses. If your claim is that you were unfairly dismissed or constructively unfairly dismissed for whistleblowing only, you will not be entitled to an award for injury to feelings or personal injury. You will be entitled to the basic award for unfair dismissal. However, unlike ordinary unfair dismissal, the compensatory award for future loss of earnings is not capped at the lesser of a years’ pay or £105,707 as at May 2023.

To successfully claim that you have been subject to a detriment for whistleblowing, there are complex hurdles to satisfy including you will first need to demonstrate that you brought to your employer’s attention information which in your reasonable belief showed or tended to show amongst other things, that your employer was, or is likely to act unlawfully and that you made the disclosure in the public interest. You will also need to demonstrate a causal link between making the disclosure and the detriment suffered.

Summary

Whatever claim you have, there is likely to be compensation that can be awarded. Each claim, and the value of it will be very much linked to your particular circumstances. In order to find out what claims you may have and what they might be worth, we suggest you seek expert advice from a specialist employment solicitor.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23

How do I fund my Employment Tribunal claim?

Mon, 28 Aug 2023 13:28:12 GMT

Pursuing litigation is expensive. Below we look at some of the options you may have to fund your claim(s).

The first step is to check whether you have insurance. Often individuals have ‘legal expense insurance’ on household contents insurance or other insurance products. If you have such cover, you have freedom to instruct a Solicitor of your own choice, and we regularly advise and support individuals in this position. The insurer will try and push you to one of its panel law firms, but these tend to be law firms that take on high volumes of cases, so you may not get the same level of service as other (non-panel) law firms can offer.

If you are a member of a Trade Union, you may be able to get assistance from your trade union.

You may be able to find a firm that offers ‘no win no fee’ services (properly known as a damages-based agreement), but these are rare in employment tribunal cases, as, unlike civil claims, the winning party in a Tribunal claim rarely recovers their legal costs. This means the sum to be paid to your solicitor (if you are successful) will need to come from your compensation and will be a percentage of your compensation. As such, the claim will not only need to have good prospects but also sufficient value to cover the legal fees and leave enough left for you to receive some compensation. An alternative type of ‘no win no fee’ agreement is a conditional fee agreement. This means if you lose you will pay either no fee or a discounted fee and if you win, you will pay the solicitor’s standard fee plus a ‘success fee’ which is a percentage mark-up on the standard fee. The reasoning is that the solicitor is taking the risk of not being paid.

You might be eligible for support from a charity, especially if your claim is of a specific nature, like discrimination, and a charity is willing to help you, a law centre, or pro bono representation.

Ultimately, you can always fund your solicitor’s fees yourself. Unlike ‘no win no fee’ this would see you pay a Solicitor’s hourly rate or fixed fees without any uplift if you are successful. However, we appreciate that funding litigation at a time when you are out of work is not ideal, and because it is an expensive process you may need to borrow money, or use savings; neither of which is attractive.

If you’re thinking of making a claim, it’s a good idea to get advice from an experienced employment lawyer at an early stage to understand the process and likely costs. As we do, your solicitor should be willing to be flexible and either represent you in full or provide assistance as and when needed, which is generally a cheaper option.

Legal proceedings are a last resort, and if possible, usually a better option is to seek to negotiate a reasonable settlement based upon litigation risk and taking into account the legal costs you are likely to incur in bringing proceedings.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

26.08.23

Duty of Care: The Legal Obligation of UK Employers to Safeguard Employee Mental Health and Well-being

Fri, 18 Aug 2023 14:38:21 GMT

In the realm of employment law, the recognition of mental health and well-being as essential aspects of workplace safety has significantly grown. Employers in the United Kingdom are not only responsible for their employees' physical safety but also have a legal duty to prioritise and protect their mental health. This article delves into the duty of care that UK employers owe to their employees concerning mental health and well-being, exploring the legal implications associated with non-compliance.

Understanding the Duty of Care

The duty of care refers to the legal obligation imposed on employers to take reasonable steps in ensuring the health, safety, and well-being of their employees. In the UK, this duty extends to encompass both physical and mental aspects, emphasising the need to provide a supportive and mentally healthy work environment. Employers must acknowledge and address potential risks and stressors that can impact employees' mental health, such as workplace harassment, excessive workloads, inadequate support, and discriminatory practices.

Legal Framework

The UK's legal framework establishes various laws and regulations that form the basis for employers' duty of care towards their employees' mental health and well-being. The Health and Safety at Work Act 1974 serves as the primary legislation governing workplace health and safety, outlining employers' general duty to ensure, as reasonably practicable, the health, safety, and welfare of their employees. This legislation is complemented by the Management of Health and Safety at Work Regulations 1999, which detail employers' specific responsibilities, including conducting risk assessments and implementing appropriate control measures.

Furthermore, the Equality Act 2010 plays a crucial role in protecting employees' mental health. This legislation prohibits discrimination, harassment, and victimization on various protected characteristics, including disability. Mental health conditions can be classified as disabilities under the Act, granting affected employees the right to reasonable accommodations and safeguarding them against discrimination or harassment related to their mental health condition.

Legal Implications

Failure to fulfil the duty of care concerning employee mental health and well-being can result in significant legal consequences for employers. If an employer neglects their obligations, and an employee suffers harm as a consequence, the affected employee may bring a claim against the employer. Such claims may include allegations of negligence, breach of statutory duty, or discrimination.

Negligence claims require the affected employee to establish that the employer owed them a duty of care, breached that duty, and that the breach caused foreseeable harm. To avoid liability, employers must demonstrate that they took reasonable steps to address mental health issues, such as providing training, and support mechanisms, and implementing appropriate policies.

Breach of statutory duty claims can arise when an employer fails to comply with specific health and safety regulations, such as those related to risk assessments or the duty to provide reasonable accommodations. Employers may face civil penalties and fines if found

to be in breach.

Employers should also be mindful of the potential for discrimination claims if an employee faces adverse treatment due to their mental health condition. The Equality Act 2010 imposes strict liability for discrimination based on protected characteristics, and employers must have robust policies and procedures in place to prevent such incidents.

Conclusion

The duty of care places a legal obligation on employers in the UK to prioritise and safeguard the mental health and well-being of their employees. Neglecting this responsibility can lead to legal claims, financial penalties, and reputational damage. Employers should adopt a proactive approach, fostering a positive work environment, providing mental health support, and implementing comprehensive policies and procedures to identify and mitigate mental health risks. By prioritising employee mental well-being, employers not only fulfil their legal obligations but also contribute to the creation of a healthier, happier, and more productive workforce.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to mental health and well-being at work and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

16.08.23

How do I stop a vexatious Employment Tribunal claim?

Fri, 21 Jul 2023 08:39:04 GMT

If you're an employer, you may be wondering how to stop a vexatious Employment Tribunal claim. Unfortunately, there is no easy answer, as each case is unique. However, there are some general principles that can help you deal with vexatious claimants.

Firstly, it's important to remember that vexatious claimants are often motivated by a desire to cause disruption or harm to your business. As such, you should be prepared for them to use any means necessary to further their objectives. This may include making false or misleading statements or providing inaccurate information.

Secondly, you should try to avoid giving vexatious claimants the opportunity to cause disruption. This may mean ignoring their communications or refusing to engage with them in any way. If you do need to communicate with a vexatious claimant, be sure to do so in a calm and professional manner. While ignoring attempts to disrupt your business, you must not ignore the Tribunal.

Thirdly, you should keep detailed records of all communications with vexatious claimants. This will help you to identify patterns of behaviour and may be useful if you need to take legal action against them. It will also help you persuade a Tribunal that a claimant is acting unreasonably.

Finally, it's important to seek professional advice if you're dealing with a vexatious claimant. We have specialist solicitors who can help you to understand your options and take the necessary steps to protect your business. We are able to assess the merits of the claim and advise you on the best course of action to take. In order to stop such claims, we can help you apply to strike out the claim and/or seek costs.

What constitutes vexatious behaviour?

There is no definitive answer to this question, as it will vary depending on the context and situation. However, some common examples of vexatious behaviour include:

making baseless or frivolous complaints
filing multiple claims against someone without any legitimate basis
making vexatious requests for information or records
repeatedly sending harassing or abusive communications
engaging in conduct that is intended to disrupt or interfere with another person's lawful rights or activities.

How do I know if an employee is being vexatious?

It will usually be quite apparent to you, but there are a few key indicators that a complaint may be vexatious or malicious:

It is disproportionate to the issue at hand.
It is repetitive or has been made before.
It is clearly based on unfounded or untrue allegations.
It appears to be motivated by malice or ill will.
It is intended to cause annoyance, disruption, or waste of time.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.07.2023

Who can I sue in the Employment Tribunal

Fri, 21 Jul 2023 08:24:21 GMT

If you have been wrongfully or unfairly dismissed, or if your employer has breached your contract or discriminated against you, you may be able to take legal action in an employment tribunal.

It is important to note that there are strict time limits for taking action and certain steps you need to follow, so you should seek legal advice as soon as possible.

What is an employment tribunal?

An employment tribunal is a court that hears disputes between employees and employers. If you have a dispute with your employer, you can bring a claim against it in an employment tribunal.

Who can I sue?

Most claims will be against your employer. It is generally responsible for your treatment including being responsible for acts of your colleagues (known as vicarious liability).

With discrimination claims, you can also sue the individual perpetrator(s). This means the claim will be against an individual (as well as your employer, we suggest). Often the Tribunal will allow individuals to be removed if your employer agrees to be wholly responsible for any award, but there may be tactical reasons for including an individual to the claim.

What types of claims can I bring in an employment tribunal?

There are many different types of claims that can be brought in an employment tribunal, but some of the most common include: wrongful dismissal, breach of contract, unfair dismissal and discrimination.

What is the time limit for bringing a claim in an employment tribunal?

There are strict time limits for bringing a claim in an employment tribunal. For most claims, you must bring your claim within three months (less one day) of the date that the problem occurred (or the date of dismissal). However, before you can claim, you need to trigger Early Conciliation.

What happens if I win my case in an employment tribunal?

If you win your case in an employment tribunal, the tribunal can order your employer to take action to remedy the situation. For example, the court could order your employer to reinstate your job or re-engage you in a similar job. Usually, the Tribunal will simply order that your employer pay you compensation for any losses that you have suffered.

Can I appeal if I lose my case in an employment tribunal?

If you lose your case in an employment tribunal, you may be able to appeal the decision to the Employment Appeal Tribunal. You may also be able to apply to have the decision reconsidered by the Tribunal. However, there are even stricter time limits and rules for appealing or applying for reconsideration, so you should seek legal advice as soon as possible.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.07.2023

Should I have representation for an Employment Tribunal claim?

Tue, 18 Jul 2023 10:12:35 GMT

There is no right or wrong answer to this question, as it will ultimately depend on your individual circumstances. It is possible to represent yourself in an employment tribunal without a lawyer, however, there are some definite disadvantages of being unrepresented.

The tribunal judge is supposed to take reasonable steps to address the imbalance between the two sides, but in practice, there are limits to the assistance that can be offered by the tribunal judge, as s/he still needs to remain impartial.

Some of the key disadvantages of representing yourself in an employment tribunal, particularly for complex cases, include:

Firstly, you are likely to be taken less seriously by the other side if you don’t have a lawyer. There will likely be an expectation that you will miss key elements of procedure, evidence or law.

Secondly , if the other side has a lawyer, they will likely have a better understanding of the law and procedures, which puts you at a disadvantage. They will know how to present the case in the best possible way and how to conduct specialist tasks like cross examination.

Thirdly , you may find the tribunal procedures and rules confusing, especially if you have never been involved in legal proceedings before.

Fourthly , the employment tribunal process can be stressful and emotional, so it can be helpful to have someone to support you through it and to present your case with less emotion.

Lastly, Solicitors train for many years to become experts in preparing and representing clients at Tribunal. It’s very hard for a non-lawyer to gain that skill in a short space of time.

If you are thinking about representing yourself in an employment tribunal, you should consider whether it is the best option for you. You may want to get advice from a lawyer or an experienced employment tribunal representative before making a decision, so you fully understand the implications.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.07.2023

What is a COT3?

Tue, 18 Jul 2023 09:54:29 GMT

A COT3 is a legally binding settlement agreement, which is a contract between an employer and an employee, in which the employee agrees not to make or pursue any claims against the employer in exchange for other terms, usually, financial in nature.

A COT3 differs from a Settlement Agreement, as a COT3 is agreed through ACAS and does not require either party to take legal advice. If a claimant triggers Early Conciliation or pursues a claim, ACAS should be on hand to conciliate. If the conciliation is successful, a COT3 is usually entered into.

Be warned, once both parties confirm verbally to ACAS that terms are agreed, a binding settlement is achieved, and the claim is settled. There is then no going back.

A non COT3 settlement agreement (i.e. not agreed through ACAS) requires the employee to take independent legal advice, so is often used outside Early Conciliation or once a claim has been issued (although a COT3 can still be used in those circumstances).

FAQs:

What are the benefits of using a COT3?

A COT3 can be a useful tool to settle disputes. Settlement in general helps avoid costly and time-consuming employment tribunal claims. It can also provide clarity and certainty for both parties regarding the terms of the termination of employment and/or the conclusion of litigation.

What should be included in a COT3?

A COT3 should set out the terms of the agreement between the employer and employee. It should be signed by both parties, and each party should receive a copy of the agreement.

Common terms that are included are:

- whether any post-employment restrictions will apply

- how the litigation will conclude (e.g. will the Claimant withdraw the claim)

- when and what will be paid to the employee

- whether a reference will be provided

- clauses preventing derogatory/disparaging statements being made

- confidentiality restrictions.

How do I go about creating a COT3?

If you wish to create a COT3, you could seek legal advice to ensure that the agreement is drafted correctly and meets your specific needs. ACAS can help draft a COT3, but this may well offer less protection and certainty. Once the agreement has been finalised, both parties will need to sign it in order to make it legally binding.

What happens if one of the parties doesn't agree to the terms of the COT3?

If one of the parties doesn't agree to the terms of the COT3, then agreement will not be reached and the COT3 will not be legally binding. Without settlement the case will continue to an employment tribunal hearing.

I'm an employer - can I use a COT3 to prevent my employees from making claims against me in the future?

A COT3 can help to avoid employment tribunal claims, but it cannot act as a way to completely prevent future and unknown claims if someone is to remain an employee.

If an employee has left and a COT3 is agreed, it will act to stop all future claims, assuming you honour the terms of the COT3.

What are the consequences of breaching a COT3?

If a party breaches a COT3, they may be liable for damages. I will be a breach of contract and the other party could claim for any losses they suffer as a result. The amount of damages will depend on the terms of the agreement, the extent of the breach and the losses suffered.

How long does it take for a COT3 to become legally binding?

A COT3 becomes legally binding immediately when the terms are agreed by both parties to ACAS. This means that COT3’s do not need to be signed by both parties to be effective.

Is a COT3 enforceable?

Yes, a COT3 is a legally binding contract.

What role does ACAS have in relation to a COT3?

ACAS will co-ordinate the negotiation of a COT3. ACAS cannot provide advice or guidance on the claims or terms, it simply acts as a ‘go between’.

Once terms are agreed and if a claim has already been issued in the Tribunal, ACAS notifies the Tribunal that settlement has been reached.

How do I negotiate a COT3 agreement?

The process of getting a COT3 can be quite simple:

● Either party makes an offer via ACAS.

● ACAS, relay the offer to the other party.

● Once terms are agreed the finer wording of a COT3 can then be agreed.

● Once the ACAS officer is told by both parties that they agree the terms of the COT3, it becomes legally binding.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.07.2023

What is an employment tribunal Preliminary Hearing?

Mon, 17 Jul 2023 11:31:09 GMT

An employment tribunal Preliminary Hearing (PH) is a meeting between the parties to a case, ordered by a Tribunal and held in order to discuss the legal issues in dispute and try to reach an agreement.

The main purposes of a PH are to:

- clarify and, hopefully, narrow the legal issues in dispute. It is only the legal issues in dispute that the Tribunal will decide at a final hearing, so knowing and identifying what they are at an early stage is important and often helps limit the time spent on a claim.

- agreeing a timetable for the preparation of the final hearing. This is to ensure the parties know what they need to do, and by when, to ensure the case is ready for final hearing and a determination.

If you have been invited to attend a PH, it is important to prepare carefully and make sure you understand your rights and options. You should also consider whether you want to be represented by a lawyer.

In advance of a PH, you may be asked to complete an Agenda to help show to the judge what issues there are and how the case should be handled.

What happens at a Preliminary Hearing?

At a PH, the Employment Judge will discuss the case with the parties and try to clarify and, if possible, narrow the legal issues in dispute. The Judge may also ask questions about the evidence that each party intends to call.

The Judge will not want to hear the evidence and the PH is not designed as a final hearing; it is a high-level discussion to ensure the case is prepared in time for the final hearing where the evidence will be heard.

The judge will set and decide the timetable to ensure the case is fully prepared for the final haring.

The timetable will include dates for the parties to:

- send lists of relevant documents to each other (including any that are detrimental to their own position)

- provide copies of relevant documents to the other side

- agree a Trial bundle, usually with the respondent responsible for its preparation

- exchange witnesses statements with each other

- attend the final hearing.

What happens after a Preliminary Hearing?

Once the judge has decided on the legal issues and timetable, this will be reflected in an order and sent to the parties. This is a legally binding document and can result in consequences if either party breaches the order.

Once the parties know the dates and deadlines, they should ensure they meet them; failure to do so could leave a party exposed and at risk of costs or strike out.

By following the Order, and preparing the case in accordance with it, the case should be fully prepared and ready for the final hearing.

What are the benefits of attending a Preliminary Hearing?

There are several benefits of attending a PH, not least, failure to do so could count against you.

The PH can help clarify and narrow the legal issues in dispute. This can help you keep focus on the case and can save time and money for both parties, as you don’t need to focus on other issues. This in turn should help reduce stress and cost.

It gives a sensible and realistic timetable to ensure the case is prepared and it will say who is responsible for each step, reducing the need for the parties to agree.

What are the risks of attending a Preliminary Hearing?

There are some risks associated with attending a PH, including:

- Agreeing to something that you do not want to agree to or do not understand the implications of. It is important to make sure that you understand any concession you give or agreement you reach at a PH. If you agree to something that you do not want to agree to, it may be difficult to change it later.

- If you behave in a way that frustrates or annoys the judge, that can back-fire.

Despite the risks identified above, we do strongly recommend you attend a PH. If you are uncertain about the process, we recommend you take legal advice. By seeking legal advice, you can ensure that you are prepared for your preliminary hearing and have the best chance of a successful outcome from it. Our team of experienced lawyers will guide you through every step of the process and help protect your rights.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

15.07.2023

Meet Yeing - One of our Employment Tribunal Experts

mk@kilgannonlaw.co.uk (Matthew Kilgannon) — Thu, 13 Jul 2023 20:19:37 GMT

Yeing-Lang Chong is a distinguished employment lawyer with extensive expertise in handling employment tribunals and a deep understanding of employment law. With a proven track record of delivering exceptional results for clients, Yeing possesses a comprehensive understanding of the complex legal landscape surrounding employment disputes, and her ability to provide strategic guidance and robust representation has earned her the trust and respect of both clients and peers alike.

With over 20 years of experience, Yeing has successfully represented numerous clients in employment tribunals, demonstrating her proficiency in navigating intricate legal procedures and effectively advocating for her client's rights. Her profound knowledge of UK employment law allows her to handle a wide range of complex cases, including unfair dismissal, discrimination, harassment, redundancy, and breach of contract claims.

Yeing's expertise extends beyond litigation, as she regularly advises employers and employees on all aspects of employment law, helping them understand their rights, obligations, and potential courses of action. Her pragmatic and client-focused approach ensures that each individual receives bespoke advice tailored to their specific circumstances, enabling them to make informed decisions.

As a thought leader in employment law, Yeing frequently shares her insights and contributes to the legal community. She has been a regular speaker at conferences and seminars, where she addresses emerging trends and developments in employment law, equipping others with the knowledge and tools necessary to navigate the dynamic field of employment law.

Yeing holds postgraduate diplomas in law and legal practice from The University of Law and is a qualified solicitor admitted to practice in England and Wales. She is a member of the Employment Lawyers Association (ELA), a prominent professional body dedicated to promoting and maintaining the highest standards of expertise and professionalism in employment law, and a recent past associate member of the Chartered Institute of Personnel & Development (CIPD), the world’s largest Chartered HR development professional body.

Yeing's clients consistently commend her exceptional skills and unwavering commitment to their cases. They value her ability to demystify complex legal concepts, her compassionate approach, and her tenacity in achieving favourable outcomes. Her clients appreciate her dedication to their best interests and her transparent communication style, which ensures they remain informed and involved throughout the legal process.

With her extensive experience in employment law and proven success in employment tribunals, Yeing is the go-to expert for all matters related to employment law tribunals here at Springhouse Solicitors. Her unwavering dedication to her clients and her passion for employment law make her an invaluable asset to anyone seeking comprehensive legal guidance in the realm of employment tribunals.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.07.2023

What is the employment tribunal process?

Tue, 11 Jul 2023 16:52:07 GMT

The employment tribunal process can be divided into three main stages:

- Preparatory stages

- The final hearing

- Post-hearing stage

Preparatory stage

The preparatory stage is from issue of the claim to the final hearing. It will involve the employment tribunal sending out various documents to the parties, including, the claim form (ET1) and response form (ET3)

Unless the claim is straightforward, the Tribunal will likely arrange a ‘Preliminary Hearing’, which can be conducted on-line or in person. The main purpose of the hearing is to clarify any issues and to agree a timetable for the preparation of the claim. In advance of the Preliminary Hearing, the Tribunal will send an Agenda for both parties to complete and, hopefully, agree.

Either party can make applications, such as for a deposit order or strike out and this will result in a Preliminary Hearing. The Tribunal will invite the parties to address it on the applications before deciding on the outcome.

If the claim is straight forward, standard directions may be set, essentially meaning that the Tribunal dictates the timetable without input from either party.

The Timetable in either case will usually include dates for the parties to:

- send a list of relevant documents (including any that are detrimental to their own position)

- provide copies of documents to the other side

- agree a Trial bundle, with the respondent usually responsible for preparing copies for the Tribunal

- exchange witness statements

- attend Tribunal for the final hearing.

The final hearing

The final hearing is when the employment tribunal will hear evidence from both parties and make a decision on the case.

The hearing is usually heard in person, but can be on-line. Depending on the nature of the claims, the panel hearing the case can either be an employment Judge sitting on his/her own or three people comprising the Judge and two lay-members (non-legally trained) with one having an employer’s background and the other an employee’s.

The hearing will follow strict rules and procedures, which vary depending on the claims involved. At a basic level both parties will get to make open statements about the case, call their own witnesses, cross-examine the other side’s witnesses and make final representations about the evidence.

At the end, the panel will usually retire to make their decision on liability (i.e. decide who wins). Often, there is not enough time at the end of the hearing, so the decision follows in the post.

If time allows (usually this is agreed in advance), there may be time left to discuss ‘remedy’ which is where the Tribunal decides how much compensation to award if the claimant wins.

The post-hearing stage

The post-hearing stage usually involves the employment tribunal issuing its judgment, unless this was delivered at the hearing. The judgment will set out its decision on the case and will also give reasons for its decision.

There may then follow a further hearing to decide the ‘remedy’ in the event the Claimant is successful. The remedy hearing will decide the amount, if any, of compensation that is payable to the claimant.

Following the decision, a party may ask the Tribunal to ‘reconsider’ its decision. If this happens the grounds for reconsideration should be set out and submitted to the Tribunal within strict time limits.

Either party may also appeal the decision to the Employment Appeal Tribunal, where again strict time limits apply on the basis for appeal. Appeals can only be made on a point of law, you cannot appeal a finding of fact, so this often limits the scope for an appeal.

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Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.07.2023

What is an ET3 Form?

Mon, 10 Jul 2023 20:21:03 GMT

The ET3 form is the name given to the response form (defence) an employer needs to complete and return to the employment tribunal when they have received a claim form (ET1) from an employee.

The ET3 form asks for essential information about the employment relationship, such as:

the dates of employment
job title
rate of pay
hours worked

It also requests details of the respondent’s position, importantly, whether the respondent admits or denies the claims begin made and why it admits or denies the claims.

The form must be completed and returned within 28 days of receiving the claim form from the employee. Failure to submit the ET3 on time can result in severe consequences for the respondent, including being prevented from participating in the claim.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.07.2023

What is an ET1 Form?

Mon, 10 Jul 2023 20:18:15 GMT

If an employee is going to issue an employment tribunal claim, s/he will need to complete and submit an ET1 form. This is simply the name of the form which the employee needs to complete to pursue a claim before a tribunal.

Before submitting a claim, the claimant must trigger Early Conciliation with ACAS. This is a free process, in which ACAS seeks to settle any dispute.

Early Conciliation must be started within three months (less one day) of the date of the alleged employment issue. Once Early Conciliation ends, the claimant must complete and submit the ET1 claim form to the Tribunal with short (and strict) time limits, usually within one month of receiving the certificate confirming that Early Conciliation has concluded.

The ET1 form will set out the details of the claim, including:

the names of the claimant and respondent.
the employment tribunal jurisdiction in which the claim will be heard.
a description of the nature and type of claim(s).
the relief sought by the claimant.

The Tribunal office will process the ET1 claim form and send a copy to the respondent (employer) who will have 28 days to file their response with the employment tribunal. The response form is known as an ET3 form .

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Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.07.2023

How do Employment Tribunals work?

Mon, 10 Jul 2023 16:04:19 GMT

Employment Tribunals are independent judicial bodies that deal with employment disputes. They are made up of a panel of judges, who will hear both sides of the case and make a decision based on the evidence. In some cases a judge can hear the case sitting on his/her own.

The panel will comprise of one legally trained lawyer (the judge) and two wing members each of whom will have an employee and employer background to ensure fairness.

If you want to bring an employment claim(s), you can bring your case to an Employment Tribunal. This could be if you think you’ve been unfairly dismissed, or if you have been discriminated against.

The first step is to fill in a claim form. This is called an ‘ET1’ form , which sets out the details of your claim. You can get a copy of this from the Employment Tribunal website. Once you’ve done this, you’ll need to send it submit it to the Tribunal, and the easiest way is to do this on-line.

Your case will then be allocated to a particular Employment Tribunal. The Tribunal will process your claim and send a copy to the respondent(s), i.e. your employer.

The respondent (the person or organisation you’re making the claim against) will then have 28 days to respond. They’ll need to fill in an ‘ET3’ form , which sets out their defence.

Once the respondent has filed their ET3, the Tribunal will set a date for a hearing. This will usually be a preliminary hearing. [Link to article] where the issues are identified and the case management is decided by the Tribunal. An order will follow that confirms the Tribunals case management order.

By complying with the case management directions, the case will be ready for a final hearing. At the final hearing, both sides will present their evidence and make their arguments. The Tribunal will then make a decision based on the evidence they’ve heard.

If you’re successful, the Tribunal can make a number of different orders, including ordering your employer to pay you compensation, or ordering them to reinstate you in your job or another job.

If you’re not happy with the decision of the Employment Tribunal, you can appeal to the Employment Appeal Tribunal.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.07.2023

Can I avoid redundancy if I have a mobility clause?

Thu, 06 Jul 2023 08:23:44 GMT

Yes, you can avoid redundancy if you have a mobility clause in your contract. This clause allows you to move to another position within the company if there is one available without having to go through the redundancy process.

It will be classed as unfair if the employer exercises the mobility clause unreasonably or if the employee's refusal is reasonable.

An employee has to comply with any mobility clause in their employment contract that they have agreed to (eg by signing their contract of employment) provided that the term is reasonable.

What is a mobility clause in an employment contract?

A mobility clause in an employment contract is a provision that requires the relevant employee to relocate if required to do so by their employer. This may be due, for example, to the closure of an office or workplace or a change in the work carried out at a particular location. The relocation can be either temporary or permanent.

Mobility clauses should ideally be included in the contract at the start of employment for the employee to sign when they join the organisation.

When do mobility clauses apply?

Mobility clauses are often included in employment contracts to allow employers to relocate employees to different locations as needed. The clause may state that the employee is required to relocate if the employer requests it, or it may give the employer the option to relocate the employee. In some cases, the clause may require the employee to agree to relocate before starting work.

The purpose of a mobility clause is to protect an employer's business interests by specifying the terms under which an employee may be required to relocate.

There are many reasons why an employer might need to relocate employees, such as downsizing, mergers or acquisitions, and changes in business strategy. Sometimes, the employer may simply need to fill a vacancy in another location.

If you have a mobility clause in your contract, make sure you understand when it applies and what it requires of you. You may be required to move for your job, so it's important to know what you agree to.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

The above provides a general overview relating to constructive dismissal and is not intended nor construed as providing specific legal advice. Constructive unfair dismissal is a complicated legal claim. An individual should take legal advice from an employment lawyer if they believe their employer has behaved in such a way that entitles the employee to resign and bring a claim for constructive unfair dismissal.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.07.2023

Should I offer voluntary redundancy?

Fri, 30 Jun 2023 13:20:18 GMT

Voluntary redundancy can offer a number of benefits to employers, including reducing costs, restructuring the workforce and improving morale. In some cases it can also help to avoid compulsory redundancies.

There are a number of things to consider before offering voluntary redundancy, such as the financial impact, the potential impact on morale and how it will affect your business. You will also need to consult with your employees before making any decisions.

What are the benefits of voluntary redundancy?

Voluntary redundancy can offer many benefits to employees, including a sense of control over their exit from a company, financial security, and the ability to pursue other opportunities. Additionally, voluntary redundancy can help prevent future compulsory redundancies by freeing up positions within a company.

When To Offer Voluntary Redundancy

There are a number of situations in which companies may offer voluntary redundancy to their employees. For example, if a company is downsizing or restructuring, it may offer voluntary redundancy in order to reduce its workforce. Additionally, if a company is relocating, it may offer voluntary redundancy to employees who do not wish to relocate with the company. Finally, a company may offer voluntary redundancy to employees who are at risk of being made redundant compulsorily.

What Are The Risks Of Voluntary Redundancy?

There are a few risks associated with voluntary redundancy, such as the loss of job security and income. Additionally, you may not be able to return to your former company at a later date if you take voluntary redundancy. Finally, voluntary redundancy may have a negative impact on your future employability.

How much voluntary redundancy should I offer?

This is a difficult question to answer, as it depends on many factors, such as the company's financial situation, the number of employees who have already expressed an interest in leaving, and the company's ability to continue operating without the affected employees.

Some things to consider are listed below:-

What are the potential consequences of offering too little voluntary redundancy?

If you offer too little voluntary redundancy, you may not be able to persuade enough employees to leave, which could put your company in a difficult financial situation and you may find yourself in a situation where you have to make compulsory redundancies anyway.

What are the potential consequences of offering too much voluntary redundancy?

If you offer too much voluntary redundancy, you may get too many volunteers and will need to consider how you will decide which applications to accept. Also, those employees who do choose to stay may be resentful and less productive. This could damage employee morale and lead to high levels of absenteeism and turnover.

What other factors should I consider when making my decision?

Some other factors you may want to consider include the impact on customer service, the potential for industrial action, and the financial implications for your company. You should also bear in mind that once you have made your offer, it will be difficult to change it.

Conclusion

Offering voluntary redundancy can be a difficult decision, as there is no perfect solution. You need to weigh up the pros and cons of each option carefully before making a decision.

Article by

Marianne Wright

0800 915 7777

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.06.2023

How do I negotiate the best settlement of an Employment Tribunal claim?

Fri, 30 Jun 2023 08:44:44 GMT

If you are involved in an employment dispute that could end up in an Employment Tribunal , you may be able to settle the claim and enter into a settlement agreement with your employer.

Negotiation is a particular skill, and one where an experienced solicitor should add real value to your situation. All our solicitors will have been engaged in negotiation about settlement to some extent nearly every week of their career, so will know what to say, when and how. The skill we have includes not just advancing offers in the right way and at the right time, but understanding and interpreting what your employer (or its solicitor) is saying and how they are saying it. Many clues exist in negotiation communications, so having an expert like us interpret those and maximise the outcome for you is best.

This guide sets out how the process of negotiation is likely to work when the employer and employee are exploring the possibility of entering into a settlement agreement to resolve a dispute and assumes you have or are about to issue a claim.

How do I ensure I get the most I can from a settlement agreement?

When negotiating a settlement agreement, it is important to ensure that you get the most favourable terms possible. This includes getting a good financial settlement, as well as ensuring that the agreement protects your interests in terms of confidentiality, the making of non-derogatory comments and the provision of a reference.

It is usually best to advance an offer when you are on the front foot. For example, making an offer once the ET1 claim has been submitted or sent to your employer is a good time, rather than waiting until you receive your employer’s ET3 response. Perception can play a part in negotiations.

What you say will also have great influence on how your employer reacts. Say the right thing, but in the wrong way, and it could cost you.

How do I make the first move?

It is usual to specify that all communications should be treated as “without prejudice” and “subject to contract”. This means that the parties can speak freely in negotiations and anything said cannot be used in evidence if the matter does not settle and ends up in an Employment Tribunal hearing.

You can approach your employer direct or go through ACAS. ACAS can be used as a good first approach, as you can often agree with the conciliator that s/he will contact your employer without saying you have asked him/her to do so. Any discussions via ACAS are “without prejudice”.

As we say above, making an offer when you are on the front foot is best, and may help you not appear that you are in a weak position.

What are the key points to bear in mind when negotiating a settlement agreement?

There are a few key points to bear in mind when negotiating a settlement agreement:

Be realistic. If you ask for too much, settlement is unlikely to happen. Employment Tribunal proceedings can be costly and stressful, so it's important to make sure that any settlement agreement is in your best interests.

You don't have to accept the first offer from your employer. It is important to try and negotiate a better deal if you can.

Place a value on not having to deal with the claim, not having to incur (further) legal costs, no more stress, no requirement to attend a hearing, and no risk that you might lose or be faced with an appeal. All this has a value, so you should factor these into what you are prepared to accept.

Be prepared to walk away from the negotiations if you're not happy with the terms on offer.

Seek legal advice before you accept, so you know whether the offer is fair and reasonable.

As we say above, if you are able to reach a settlement agreement with your employer, this can be a much quicker and less costly/stressful way of resolving an employment dispute than going through Employment Tribunal proceedings. However, it's important to make sure that you understand the terms of the agreement and get the best deal possible.

It is important to remember that experience in these areas of law is key when negotiating terms. In order to get the best settlement agreement possible, you should consider seeking expert legal advice.

Article by

Yeing-Lang Chong

0800 915 7777

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

28.06.2023

Can I offer redundant employees a settlement agreement?

Wed, 28 Jun 2023 15:20:41 GMT

When an employer is looking to make redundancies, a settlement agreement can be a helpful tool. By agreeing to terms with an employee ahead of time, it can save the time and expense of a lengthy redundancy process. It can also help to facilitate a 'smooth' exit from the business and protect the employer from any future tribunal claims.

From an employee perspective, a settlement agreement can provide enhanced redundancy payouts and certainty about their future employment status. This can be especially valuable if they are facing redundancy in a difficult economic climate.

The early redundancy settlement offer:

If your employer offers you an early redundancy settlement, it's important to understand what this means and whether it's the right option for you.

A redundancy settlement is a payment made to an employee who is being made redundant. The payment is in addition to any redundancy pay that the employee may be entitled to under their employment contract or redundancy legislation.

There are a few things to consider before accepting a redundancy settlement:

some redundancy payments may be taxable, so you may not end up with as much money as you think
if you're made redundant, you may be entitled to statutory redundancy pay, which is paid by your employer and is not taxable
you may be entitled to other payments from your employer, such as notice pay or holiday pay
you may be entitled to claim redundancy from the redundancy fund if you're a member of a trade union
you may be able to challenge your redundancy if you think it's unfair

If you're offered a redundancy settlement, it's important to get advice from an experienced employment lawyer before making a decision. They can help you understand your rights and entitlements, and negotiate a better redundancy settlement if possible.

Article by

Marianne Wright

0800 915 7777

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

28.06.2023

Can I select a poor performer for Redundancy?

Mon, 26 Jun 2023 13:45:22 GMT

There are a few key factors to consider when making redundant someone who is not performing.

Generally, if someone is not performing, you should follow a ‘capability’ or ‘performance improvement’ process. This is because the reason for their potential dismissal will be their performance not because their role is redundant.

When making someone redundant, the redundancy must be genuine - that is, there must be a real need, for example, to reduce the workforce when making someone redundant. If there is no genuine redundancy situation, then dismissing someone because they are not performing will be unfair.

However, if you are in a genuine redundancy situation, then performance may be a factor in the selection process. When choosing who to make redundant, employers must undertake a fair, objective and transparent selection process. It is here that underperforming employees could be chosen, provided their poor performance is:

known to them and has been raised with them. If not, it will be open to them to challenge it as it will appear unfair and lack transparency.
genuine and can be supported by evidence.
part of a wider range of objective criteria.
not caused by any form of discrimination, in particular, any absence on statutory leave (e.g. maternity leave) and/or any disability. Selecting someone for poor performance that arises out of their disability, is likely to be an act of discrimination.

The selection process is usually the main area of contention, and the biggest area employees have to challenge their selection/dismissal, and it is where discrimination can (inadvertently) creep in.

If you are considering making someone redundant or if you have underperforming employees, it is essential to seek professional advice beforehand to ensure that you're taking the right steps and following the correct procedures. Otherwise, you could find yourself facing an unfair dismissal claim, or worse, a discrimination claim.

Article by

Marianne Wright

0800 915 7777

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.06.2023

What are the key steps for making an employee redundant?

Thu, 22 Jun 2023 14:03:55 GMT

The redundancy process can be complicated, but this article outlines the main steps involved.

1. The employer proposes that redundancy is necessary. This could be for financial reasons, such as a drop in sales or profit. Alternatively, it could be due to a change in business needs, such as a move to online trading or a change in the place of work.

2. The employer consults with employees or, if appropriate, trade unions about the need to make redundancies. This consultation should include a discussion of ways to avoid or reduce the need for redundancy.

3. The employer may need to select employees for redundancy. If so, fair and objective criteria should be used, such as, skills and performance.

4. The employer notifies employees who are being made redundant, and should continue to consult with them. The employer can provide them with information about their entitlement to redundancy pay and notice periods.

5. After a fair process, the employer can give notice of dismissal. Employees may be given the option to appeal against their redundancy selection, if they believe that the selection process was unfair. A right of appeal does not have to be given, but is seen as best practice to do so.

6. Redundant employees should be given their redundancy pay and provided with notice of termination in accordance with their contract of employment.

This is a general and basic overview of the redundancy process; for specific advice, employers and employees should seek professional advice.

If an employee is made redundant s/he may be entitled to claim unfair dismissal if they believe that the employer has treated them unfairly.

Article by

Marianne Wright

0800 915 7777

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.06.2023

What process do I need to follow for redundancy?

Mon, 19 Jun 2023 13:32:23 GMT

Redundancies are a stressful process to go through, for everyone involved. There is generally an accepted process you should follow, although the requirements change depending on whether there are more or less than 20 people being made redundant (in a 90-day period). Here, we look at the situation where fewer than 20 are affected.

Ultimately, you need to be certain you're doing the right thing for the business, and the right thing for the people you are making redundant. Once you embark on the process, it can be hard to back-track. Therefore, you should carefully plan and think through all the implications before you announce it to the staff or make any final decisions.

You must always act fairly and reasonably when making redundancies and must follow certain procedures.

If you fail in your duties, your business will be vulnerable to legal action that could mean paying out large amounts in compensation.

If you are considering making staff redundant, it is important to understand the law and your obligations, and we suggest you seek specialist legal advice.

When making redundancy decisions, you need to:

1. Ensure the redundancy is genuine - this means that the role(s) is no longer needed and cannot be replaced. This means you should not be planning to recruit a replacement.

2. Fully consult with employees who may be affected by the redundancy - this can be done through individual or group consultations depending on the particular situation you are in, and the number of staff affected. It would be usual to announce to the affected group and then commence individual 1:1 consultation meetings.

3. Offer staff the right to be accompanied at any meetings – this can be by a work colleague or trade union official. While this may not technically be a legal requirement, it is a good idea and helps those who may struggle with the process. You should also consider offering staff who have a disability the right to be accompanied at meetings, as a reasonable adjustment.

4. Fairly choose who to make redundant – if you need to select those to be made redundant, you must do so based on objective criteria such as skills, experience, performance, or conduct. If challenged, you will need to be able to justify and evidence the selection. Redundancy should not be used to try and quickly exit someone who is underperforming.

5. Look for suitable alternative employment - this means trying to find alternative employment that you can offer to those at risk of redundancy. If a role can be found, then it can be offered on a trial period. [link to trial period article]. You should also consider any other alternatives to redundancy, such as retraining.

6. Consider offering an appeal – while not technically required, this is seen as the right thing to do and will allow the employee(s) being made redundant the opportunity to challenge their dismissal internally rather than going to Tribunal, and it may assist in preventing a claim.

7. Pay all sums due – those made redundant will be entitled to a period of notice, accrued holiday pay and statutory redundancy pay (if applicable).

Article by

Marianne Wright

0800 915 7777

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

27.03.2023

Louise Maynard delivers a great overview of Constructive and Unfair Dismissal

Mon, 24 Apr 2023 14:17:17 GMT

What is Constructive Dismissal?

Constructive dismissal refers to a situation in which an employee resigns in response to their employer’s conduct. In this situation, the employer has created such an intolerable working environment, either through a single serious event or a series of smaller events, that the employee has no option but to resign. The employer’s behaviour must be a breach of the employment contract and make continuing to work for the employer impossible.

It is important to note that not every unpleasant or difficult situation in the workplace entitles an employee to resign and claim constructive dismissal.

Basic principles

The employer must be in serious breach of contract. A breach of contract can be one serious incident or a series of smaller incidents that accumulate overtime, ending with a ‘final straw’ incident.

The employee must resign promptly, and in response to the employer’s breach of contract.

The employee must prove that the employer has acted in breach of contract.

The employee must show that that the employer’s conduct is more than unreasonable – the distinction is often a narrow one, and the employee must show that the employer’s conduct was intentional or likely to destroy trust and confidence.

Examples of breach of contract

1. A breach of the implied term of trust and confidence such as:

Harassment, discrimination, bullying, or any other behaviour that is illegal or unethical and creates a hostile working environment
Breach of employee’s duties under legislation such as the Equality Act 2010, or Employment Rights Act 1996
Making the job impossible;
Treating an employee unfairly and differently relating to pay and bonuses;
Invitation to resign
Operating a corrupt business

2. Breaches of other implied terms of the employment contract, such as:

duty to take reasonable care of health and safety of the employee;
prompt redress of grievances;
duty of confidentiality;
negative comments about the employee;
duty to provide work.

Note that such breaches will often amount to a breach of the overriding implied term of trust and confidence.

3. Breach of written terms of the employment contract. For example, significant changes to working conditions without a good business reason, or which the employee cannot be expected to comply with. This can include changes to hours of work, job duties, work location or a reduction in pay or benefits. The changes must be substantial.

It is important to note that the above are just examples and will not always give rise to an entitlement to resign and claim constructive unfair dismissal.

How much might my constructive dismissal claim be worth?

Wrongful dismissal

The employee resigns without notice, such a claim will be for notice pay.

Constructive unfair dismissal

Constructive unfair dismissal does not mean unfair in the moral sense but legally unfair.
Where the employee has at least two years’ service, the employee can claim constructive unfair dismissal.
In exceptional circumstances, an employee will be able to claim automatic constructive unfair dismissal with less than two years’ service, for example if the employee has been subject to a detriment for making a protected disclosure (commonly known as ‘whistleblowing’).
The compensation for a claim will be a basic award (which is calculated the same way as statutory redundancy pay) and compensation for future loss of earnings (currently capped at the lesser of 12 months pay or £115,115 (from April 2024)
The employee’s actual compensation will be for the amount of time they were, or are likely to be, out of work. There are also other factors that may reduce the award or, where there is a failure by the employer to comply with the grievance process set out in the ACAS code of practice, increase it by up to 25% (within the cap).
In the exceptional cases of automatic unfair dismissal, the compensation for future loss of earnings will not be capped at £105,707 e.g. if the breach of contract relates to a detriment suffered by the employee for making a protected disclosure (i.e. whistleblowing) or is discriminatory.

Unlike wrongful dismissal, the employee may resign with or without notice.

What practical steps can I take to improve my chances of winning a claim for constructive unfair dismissal?

Raising a grievance

In most cases, an employee should raise a grievance with their employer whilst reserving their legal rights to bring a claim for constructive unfair dismissal, and preferably before resigning. It is important to note that the employer cannot ‘cure the breach of contract’. All it can do is put forward proposals to encourage the employee to waive the breach and remain in employment. If the employer fails to do that, the employee may resign.

What evidence do I need to prove constructive dismissal?

Proving constructive dismissal can be a complex process and specific evidence required will depend on the circumstances of each case. However, some types of evidence that may be helpful in proving constructive dismissal include:

1. Documentation of employer’s behaviour sent to the employee: This could include emails, letters, or written statements detailing the employer’s behaviour or the changes to working conditions. It is important not to take confidential information belonging to an employer;

2. Witness statements: Statements from co-workers; supervisors; or other individuals who have witnessed the employer’s behaviour;

3. Personal records: It is important to keep notes of matters as they occur, this will include dates, times, and descriptions of the behaviour i.e., a diary.

4. The employment contract: The terms of the employment contract, including nay promises made by the employer, can be used to support a claim that the employer breached the employment contract.

Settlement

Legal proceedings are a last resort, and it is often possible to settle a potential claim for constructive unfair dismissal before resignation, or before commencing legal proceedings.

As the employee must apply for ACAS Early Conciliation before bringing an employment tribunal claim, a settlement can often be reached via ACAS. It is important to note that ACAS do not give legal advice, take sides or make any judgments. They are there to assist the parties reach a settlement if both parties want to engage in the process.

Alternatively, an employment lawyer can assist. An employment lawyer can advise about the strength of a claim and what will be a reasonable settlement. Knowing the strength of the claim can help the employee reach a reasonable settlement in negotiation. An employer lawyer can also assist in negotiation by putting forward the employee’s case in legal terms to demonstrate how exposed the employer is to a claim, and to explain how the settlement figure put forward is reasonable.

What are the time limits for constructive unfair dismissal?

There are strict time limits to adhere to. The time limit to bring a claim for constructive unfair dismissal expires three months less one day from the last date of employment.

An employee must apply for ACAS Early Conciliation before the time limit expires. If it does not, it will not be able to bring a claim for constructive unfair dismissal in the employment tribunals.

It is important to take legal advice about time limits including that the matters giving rise the potential constructive unfair dismissal may give rise to an alternative ‘action short of dismissal’ claim that may entitle the employee to an award of compensation for injury to feelings. This will be the case where there has been unlawful discrimination or detriments/victimisation such as for making a protected disclosure (whistleblowing). Such claims will have different, earlier time limits.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

17.04.23

What are the time limits for constructive unfair dismissal? Part 4 of 4

Wed, 05 Apr 2023 09:33:05 GMT

Part 4 of 4

What are the time limits for constructive unfair dismissal?

There are strict time limits to adhere to. The time limit to bring a claim for constructive unfair dismissal expires three months less one day from the last date of employment.

An employee must apply for ACAS Early Conciliation before the time limit expires. If it does not, it will not be able to bring a claim for constructive unfair dismissal in the employment tribunals.

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This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

29.03.2023

What practical steps can I take to improve my chances of winning a claim for constructive unfair dismissal? Part 3 of 4

Fri, 31 Mar 2023 11:50:59 GMT

Part 3 of 4

What practical steps can I take to improve my chances of winning a claim for constructive unfair dismissal?

Raising a grievance

What evidence do I need to prove constructive dismissal?

2. Witness statements: Statements from co-workers; supervisors; or other individuals who have witnessed the employer’s behaviour;

3. Personal records: It is important to keep notes of matters as they occur, this will include dates, times, and descriptions of the behaviour i.e., a diary.

4. The employment contract: The terms of the employment contract, including nay promises made by the employer, can be used to support a claim that the employer breached the employment contract.

Settlement

Legal proceedings are a last resort, and it is often possible to settle a potential claim for constructive unfair dismissal before resignation, or before commencing legal proceedings.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

29.03.2023

How much might my constructive dismissal claim be worth? Part 2 of 4

Wed, 29 Mar 2023 15:34:38 GMT

Part 2 of 4

How much might my constructive dismissal claim be worth?

Wrongful dismissal

The employee resigns without notice, such a claim will be for notice pay.

Constructive unfair dismissal

Constructive unfair dismissal does not mean unfair in the moral sense but legally unfair.

Where the employee has at least two years’ service, the employee can claim constructive unfair dismissal.

In exceptional circumstances, an employee will be able to claim automatic constructive unfair dismissal with less than two years’ service, for example if the employee has been subject to a detriment for making a protected disclosure (commonly known as ‘whistleblowing’).

The compensation for a claim will be a basic award (which is calculated the same way as statutory redundancy pay) and compensation for future loss of earnings (currently capped at the lesser of 12 months pay or £105,707 (from April 2023)).

The employee’s actual compensation will be for the amount of time they were, or are likely to be, out of work. There are also other factors that may reduce the award or, where there is a failure by the employer to comply with the grievance process set out in the ACAS code of practice, increase it by up to 25% (within the cap).

In the exceptional cases of automatic unfair dismissal, the compensation for future loss of earnings will not be capped at £105,707 e.g. if the breach of contract relates to a detriment suffered by the employee for making a protected disclosure (i.e. whistleblowing) or is discriminatory.

Unlike wrongful dismissal, the employee may resign with or without notice.

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We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777 .

Disclaimer

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

29.03.2023

What is Constructive Dismissal? Part 1 of 4

Mon, 27 Mar 2023 15:03:04 GMT

Part 1 of 4

What is Constructive Dismissal?

It is important to note that not every unpleasant or difficult situation in the workplace entitles an employee to resign and claim constructive dismissal.

Basic principles

The employee must resign promptly, and in response to the employer’s breach of contract.

The employee must prove that the employer has acted in breach of contract.

Examples of breach of contract

1. A breach of the implied term of trust and confidence such as:

· Harassment, discrimination, bullying, or any other behaviour that is illegal or unethical and creates a hostile working environment

· Breach of employee’s duties under legislation such as the Equality Act 2010, or Employment Rights Act 1996

· Making the job impossible;

· Treating an employee unfairly and differently relating to pay and bonuses;

· Invitation to resign

· Operating a corrupt business

2. Breaches of other implied terms of the employment contract, such as:

duty to take reasonable care of health and safety of the employee;

prompt redress of grievances;

duty of confidentiality;

negative comments about the employee;

duty to provide work.

Note that such breaches will often amount to a breach of the overriding implied term of trust and confidence.

It is important to note that the above are just examples and will not always give rise to an entitlement to resign and claim constructive unfair dismissal.

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