The Employment Law & HR Podcast

In this episode 165 of the podcast I am very pleased to be joined by Ed Grey from BlueTouchPaper consulting to talk about the very timely and interesting subject of Domestic Violence & Abuse and the interrelationship with work.

This episode had been in the planning stages for several months, following a timely conversation between Ed and I, but by coincidence we recorded this episode only a couple of days after the Business Minister, Paul Scully MP published an open letter to Employers on the subject of domestic violence.

You can find the letter here: https://www.gov.uk/government/publications/domestic-abuse-open-letter-to-employers-on-how-to-help-workers-find-the-right-support/domestic-abuse-open-letter-from-the-business-minister-to-employers

In this episode of the podcast we cover:

  • Why this is a timely and particularly important issue now.
  • Why this is relatively new issue for employers and one that you may not have thought about in the context of your employment obligations.
  • What the different types of abuse are.
  • What employers legal obligations are.
  • Practical steps for employers who suspect an employee may be the victim of Domestic Violence and Abuse.
  • What employers should consider if an employee makes a disclosure of domestic violence and abuse.
  • Resources for employers.

Practical steps for Employers

  1. Listen without judgement
  2. Do not excuse or blame
  3. Do not tell the employee to leave their partner
  4. Believe them
  5. Validate what they tell you
  6. Ask them what they feel they need
  7. Share information about resources the employee can access them self
  8. Arrange to keep in touch and agree a safe way to maintain contact – consider a safe word

Remember: HR and Managers are not counsellors, we are however all human beings so ensure you approach with kindness and support and seek advice when you are unsure and you will rarely go wrong!


Ed Grey from BlueTouchPaper Consulting

Ed Grey

Email: edward@bluetouchpaperconsulting.co.uk

Telephone: 01983 840 830 / 079600 12475

Website: www.bluetouchpaperconsulting.co.uk

Resources

England & National

Scotland

Hampshire & IOW

Wales

  • 24h Live Fear Free Helpline for Violence against Women, Domestic Abuse, & Sexual Violence: 0808 80 10 800 Text: 07800 77333 info@livefearfreehelpline.wales

Northern Ireland

  • 24h Domestic & Sexual Violence Helpline: 0808 802 1414
  • help@dsahelpline.org

Free Domestic Violence & Abuse Policy

We have created a template Domestic Violence & Abuse Policy for you to use and implement in your organisation.

You can download for free here: DOWNLOAD THE FREE POLICY

 

If you have any questions or require specific advice please do not hesitate to get in touch: 01983 897003 or email: alison@realemploymentlawadvice.co.uk

 

Photo by Sydney Sims on Unsplash

Direct download: episode_165_-_interview_with_Ed_Grey_-_Final.mp3
Category:general -- posted at: 8:30am EDT

In this episode 164 of the Podcast I address a question which has arisen frequently since the announcement by Boris Johnson on the 4th January 2021 that schools would close the next day. What are the options for employees impacted by school closures and childcare issues.

In this episode I will cover the various options available including:

  • Time off for dependents
  • Parental Leave
  • Holiday
  • Unpaid leave
  • Furlough
  • Temporary changes to terms and conditions

In this episode I also cover some practical guidance including:

  • Checking in with staff regularly for welfare discussions
  • Ensuring that you are being reasonable
  • Managing expectations of staff during this time
  • Being mindful of potential reputation implications of your decisions

 

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: Episode_164_-_Final.mp3
Category:general -- posted at: 10:56am EDT

In this episode 163 of the Podcast I reflect on all that has gone on in the last year and cover the notable changes and developments in employment law and HR.

In this episode I will cover:

  • The development of the coronavirus pandemic.
  • Furlough and the Job Retention Scheme.
  • Redundancy processes.
  • Development in Equality and Diversity in the workplace in the wake of the murder of George Floyd and the Black Lives Matter movement.
  • The extension of the ACAS Early Conciliation time from 4 weeks to 6 weeks.
  • Developments in the Employment Tribunal process with the growing usage of video hearings.
  • Ethical veganism as a protected characteristic under the Equality Act.
  • Changes to requirements for employment contracts.

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Photo by Immo Wegmann on Unsplash

Direct download: Episode_163.mp3
Category:general -- posted at: 3:39pm EDT

In this week’s episode of the Podcast I am talking about a subject that has come up in several enquiries we have received recently, and which is particularly important at this time of year when decisions are being made about end of year bonus payments.

So, when is an employer able to use discretion to decide not to pay an employee a bonus?

In this episode I will cover:

  • The difference between a contractual and discretionary bonus scheme.
  • The consequences of failing to pay a contractual bonus payment.
  • Why the Employment Tribunal is reluctant to allow employers to have complete discretion over payment of a bonus.
  • What you need to consider if you are an employer who includes a bonus scheme as part of your pay package for employees.

 

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: Episode_162_-_Final.mp3
Category:general -- posted at: 9:47am EDT

In this week’s episode of the Podcast I am pleased to say it is a break from furlough and covid related news.

When you make a claim in the tribunal or if you defend a claim you need to set out in writing the details of your claims or defence. In this episode I bring you some useful tips on making or defending a claim in the Employment Tribunal following a recent decision of the Employment Appeal Tribunal.

In this episode I will cover:

  • What the case of C v D UKEAT/0132/19/RN says about making a claim and keeping it brief.
  • Some tips on making your case.
  • Some tips on preparing your defence.
  • Why my colleague got a ticking off from the Employment Tribunal after the judgement in the C V D case.

You can read the full judgement in the C V D case HERE

 

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: Episode_161_Final.mp3
Category:general -- posted at: 4:17pm EDT

The furlough extension scheme guidance was published on the 10th November 2020 and updates followed late on the 13th November 2020.

In this episode of the podcast I bring you the key information about the scheme including:

  • Points to note that differ from the previous scheme
  • Changes to the scheme which will come into effect on the 1st December 2020
  • Why you cannot claim for a period of notice after the 1st December 2020
  • Who employers can claim for
  • How the scheme works with regards to holidays
  • What the reference period is for calculating wages

Action to take

Employers who want to use the scheme must write to staff to seek agreement for a continued period of furlough.

Many employers will have already written to employees to tell them that the furlough scheme was ending, and their period of furlough or flexible furlough would be coming to an end. You will therefore need to enter into a new agreement with them for the new period of furlough extension.

We have produced a Free Template Letter which you can use – download your free copy HERE.

As always if you have any questions or you need specific advice please contact us directly on 01983 897003 or by email to: alison@realemploymentlawadvice.co.uk

 

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: Furlough_scheme_update_-_160_-_Final.mp3
Category:general -- posted at: 10:57am EDT

Despite remaining resolute that the coronavirus job support scheme, commonly known as the furlough scheme, would end on the 31st October 2020, it was announced that, along with a second lockdown the scheme would continue.

This means that the level of support employers have received previously and during the first lockdown will continue, with employers claiming 80% of wages for furloughed hours.

In this episode of the podcast I cover the key points to note at this time (01/11/20):

  • Any business can use the scheme.
  • Employers must pay 80% of wages for time not worked, i.e. when the employee is furloughed.
  • There is no additional contribution required, the government will pay the full 80% that you must pay to furloughed employees, up to a cap of £2,500.
  • Employers are required to pay National Insurance and Pension Contributions.
  • Flexible-furlough is available, meaning employees can work some of their normal hours and Employers can make a claim for 80% of pay for the remaining time not worked.
  • Neither employer nor employee needs to have previously used the scheme in order to use it now.
  • Employees must have been on the employers’ PAYE payroll by 23:59 on 30th October 2020. Meaning an RTI submission must have been made for them on or before the 30th October 2020.
  • Calculations for pay and hours will broadly follow the same method as previously used under the scheme.
  • Minimum report period of 7 consecutive calendar days.
  • Employers need to keep a record of the hours worked and usual hours they would be expected to work in a claim period.
  • Employers can top up wages if they wish.
  • There will be no gap in eligibility for support between end of the old scheme and this new extension scheme.

Action to take

Employers who want to use the scheme must write to staff to seek agreement for a continued period of furlough.

Many employers will have already written to employees to tell them that the furlough scheme was ending, and their period of furlough or flexible furlough would be coming to an end. You will therefore need to enter into a new agreement with them for the new period of furlough extension.

We have produced a Free Template Letter which you can use – download your free copy HERE.

As always if you have any questions or you need specific advice please contact us directly on 01983 897003 or by email to: alison@realemploymentlawadvice.co.uk

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: Episode_159_Final.mp3
Category:general -- posted at: 3:18pm EDT

In this episode of the podcast I cover two important updates for employers.

Firstly, changes to the Job Support Scheme to provide cover for those employers who have to close their premises due to local lockdown restrictions.

Secondly, with the UK’s withdrawal from the EU looming there are important steps that Employers must consider.

In this episode I cover:

  • What the amendments to the Job Support Scheme mean for employers.
  • How much pay will be covered for those businesses forced to close.
  • What employers need to do about EU National employees post Brexit.
  • Why it is important that EU nationals apply for settled or pre-settled status before the 30th June 2021.

Further information about the Job Support Scheme

  • Fact sheet published on .Gov website
  • Get in touch if you would like advice on the scheme and what it will entail: 01983 897003 or alison@realemploymentlawadvice.co.uk
  • We will also be producing a free letter to obtain agreement from employees who are going to be placed on the Job Support Scheme. This will be available as soon as further guidance is published by the government so do check back to the website or sign up for our newsletter to get the details.

How to apply for settled status

https://www.gov.uk/entering-staying-uk/rights-eu-eea-citizens 

 

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: Episode_158_Final.mp3
Category:general -- posted at: 3:21pm EDT

In this episode of the podcast I cover a run down on what we know about the Job Support Scheme currently.

The new scheme aimed at supporting ‘viable’ jobs is available for qualifying employers from the 1st November 2020.

In this episode 157 I will cover:

  • Which employees an employer can claim for under the scheme.
  • The qualifying time for an employee to be on the payroll to make a claim.
  • That large employers will have to demonstrate their turnover has been impacted.
  • The way the scheme will work and that costs will be split between employer, employee and government subsidy.
  • That employees have to work a minimum of 33% of their normal hours to make a claim for them.
  • The minimum wages an employee must receive.
  • How the scheme will work in practice.
  • Restrictions on making redundancies and claiming under the scheme.
  • Steps employers must take if they are going to use the Job Support Scheme.
  • Outstanding questions on the scheme which we hope will be answered in the further guidance when published.
  • Observations about the effectiveness of the scheme.
  • Why I feel that there will be a significantly reduced take up of the scheme (compared to flexible furlough) and it will not prevent redundancies from happening.

Further information about the Job Support Scheme

  • Fact sheet published on .Gov website
  • Get in touch if you would like advice on the scheme and what it will include: 01983 897003 or alison@realemploymentlawadvice.co.uk
  • We will also be producing a free letter to obtain agreement from employees who are to be placed on the Job Support Scheme. This will be available as soon as further guidance is published by the government so do check back to the website or sign up for our newsletter to get the details.

Featured image by Neil Thomas on Unsplash

Direct download: Episode_157_Final.mp3
Category:general -- posted at: 3:23pm EDT

In light of the increasing number of covid-19 cases in the UK, and increasing number of people with symptoms who are self-isolating whilst waiting for a text result, or are doing so on advice from the NHS, many employers are once again asking “what do I pay an employee who is self-isolating?”.

In this episode of the podcast I answer this common question for employers and employees, as well as tackling other employment issues.

In this episode I cover:

  1. When does an employee have to self-isolate?
  2. When Statutory Sick Pay (SSP) becomes payable to employees who are self-isolating?
  3. What the covid/coronavirus SSP changes are?
  4. Why employers need to ensure employees are encouraged to follow the rules and self-isolate when notified that they should.
  5. Possible new penalties for employers who actively encourage employees to work or who ‘punish’ employees who self-isolate when required to.
  6. Update on the Job Retention Bonus scheme which is payable in February 2021 at £1,000 per employee previously furloughed.
  7. Reminder that the furlough scheme will be coming to an end on the 31st October 2020.
  8. Why it is important to ensure that you are planning ahead and making changes or reductions in the workforce before the end of October.

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

 
 
Direct download: Episode_156_-_final.mp3
Category:general -- posted at: 11:34am EDT