November 2017 | Employment Law Services (ELS) LTD

An employer’s guide to the party season

Posted on 30 November 201730 November 2023 by @deliver_els

Christmas party season is almost in full swing and with it comes the likelihood of a workplace claim as the result of inappropriate conduct.

At Employment Law Services (ELS), we strongly advise that employers are aware of their legal obligations to their employees.

Inviting your staff

In the first instance, it should not be made a requirement that all staff attend the office party. It is important to keep in mind that Christmas is a Christian holiday, thus, an employee should not be pressurised into attending the event if they do not want to on the grounds of religion. In addition, if the party is out of working hours employers should bear in mind some people will have family obligations that may stop them from attending.

Further, employers should ensure that all employees are invited to the Christmas party, this includes employees off on maternity leave, paternity leave and sick leave. Employers will expose themselves to complaints of discrimination should they fail to invite all employees.

Christmas party policies

Alcohol fuelled behaviour is at the root of several Employment Tribunal claims every year. It is important to note; the Christmas party is still a work-related activity. Employers should therefore inform their employees that excessive alcohol consumption, violence and other forms of unwanted behaviour will not be tolerated. All employees should be made aware of the disciplinary procedures that will result from such behaviour.

Tis the season!

To minimise the risk of employees getting too drunk at office parties, it is recommended that employers limit the amount of free alcohol, provide non-alcoholic alternatives and ensure there is enough food to balance it all out.

Bullying, harassment and discrimination

An employer can still be held liable for its employees if the misconduct happened out of working hours – what one may believe to be banter could be taken completely different from the person on the receiving end.

One case that highlights the severity of this, involved a city solicitor stating in public that his colleague had “great cleavage” and “great baps” – these comments were made at the office Christmas party and ended being settled in the Employment Tribunal for £1m!!!!!!

Making promises

At EmployEasily, our advice is do not discuss salaries, promotions or remuneration with employees whilst under the influence!

This was seen in the case of Judge v Crown Leisure Limited – in which the employee claimed his employer promised him a wage increase during conversation at the office Christmas party. On returning to work his wages remained the same. It was at this point the employee resigned and took his employers to the Employment Tribunal claiming constructive dismissal on the grounds that his employer had broken a contractual promise.

However, in this event the EAT established that the promise was too vague and therefore did not amount to a binding contract. Employers should bear in mind that for a contract to be binding it does not always need to be in writing, and in this case, it could have easily gone in the employee’s favour. Employers should not assume that because it has been said at a social event that it cannot be intended to create legally binding commitments.

Social media

The growing use of social media platforms like Facebook and Instagram add another risk associated with the office party that employers should acknowledge.

Employers should reiterate to all employees the businesses social media policy and the consequences of posting pictures online that may damage the company’s reputation or breach another colleagues right to privacy. Our specialist consultants can offer advice and guidance on social media laws for employers.

The morning after the night before

It is up to each individual employer on how they approach the day after the office party, in regard to employee lateness/not showing up at all.

However, all employees should be aware that absence and lateness will be monitored and disciplinary action may be taken if they fail to turn up to work because of a hangover.

How can Employment Law Services (ELS) help?

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.

Government publishes new statutory pay rates

Posted on 27 November 20178 June 2023 by @deliver_els

At present, the weekly rate of statutory maternity pay is £140.98 or 90% of the employee’s average weekly earnings whichever is lower. This is set to increase from April 2018 to £145.18.

In addition, on the 1^st April 2018, the rates of statutory paternity pay and shared parental pay will increase from £140.98 to £145.18 or 90% of the employee’s average weekly earnings, whichever is lower. Further, the rate of statutory adoption pay will rise from £140.98 to £145.18.

Finally, the rate of statutory sick pay is set to increase from £89.35 to £92.05. In order for an employee to be entitled to these payments, their average weekly earnings must be equal to or more than the lower earnings limit. This limit is due to go up from £113 to £116 in April 2018.

How can Employment Law Services (ELS) help?

What can employers do to reduce cyber-bullying in the workplace?

Posted on 21 November 201712 June 2023 by @deliver_els

Last week was anti bullying week and it serves as a reminder for employers to consider the growing concern of cyber-bullying in the workplace.

Cyber-bullying is defined as “the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature” and can be treated much the same as traditional workplace bullying or harassment, but involves the use of electronic devices and online communications.

This includes:

Nasty emails, texts or social media posts directed at an employee
Electronic communications that involve jokes about an individual’s ethnicity, religion, sexual orientation or any other subject that would make a person uneasy
A bombardment of emails from a manager just before an employee goes on annual leave that could have been addressed much sooner

Malicious behaviour online can be hard for employers to detect as it is often carried out subtly. For example, a malicious post made on social media may go unnoticed from its victim as they do not actively use these kind of sites, however, the rest of their colleagues are exposed to this post and their behaviour towards the victim changes. Although the victim has not seen this post he/she senses a change of atmosphere in the workplace and cannot work out why.

Further, online bullying can leave employees thinking “I am an adult, I need to have thicker skin and get on with my job.” This can leave individuals feeling secluded, which will likely see side effects on their mental health, performance and engagement with the organisation as a whole. In turn, the workplace will experience a high turnover of staff, which will see a financial impact through having to recruit and train new employees. As an employer you are exposing the business to legal action should you fail to act on this form of behaviour in the workplace.

What should employers do to prevent cyber-bullying in the work environment?

Ensure all employees are aware that bullying in the workplace will not be tolerated
Have well written policies regarding bullying and unacceptable use of technology
Have all managers properly trained on how to deal with bullying in the workplace
Remind employees to stop and think before sending an email that is likely to get a reaction from the person on the receiving end
Promote communication between employees as opposed to squabbling over emails. Face to face chats will cut out the emotional uncertainty of an email

Clarification is crucial in the working environment as there if often uncertainty over what is deemed as unacceptable behaviour online. Often, employees believe that if it is on their private social media page then they should be able to freely express, entirely unaware of the consequences of making malicious comments about their colleagues.

Employers can monitor their employee’s emails and social media sites if another employee reports cyber-bullying. However, it is important that employers remember that those they wish to monitor must be informed beforehand and the reasons behind the monitoring are justified under data protection law.

How can Employment Law Services (ELS) help?

Employers can take advantage of our online courses on anti-bullying and harrassment in the workplace to ensure they are complying with their legal obligations – click on the link below for more information.

https://employmentlawservices.com/employment-law-advice/sme-employer-toolkit/accredited-e-learning-courses/

Should you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662.

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.

Guidance for employers on workplace issues over the winter months

Posted on 14 November 20178 June 2023 by @deliver_els

As an employer, it pays to be fully prepared for whatever weather this winter may throw at you – whether its wind, rain, storms or snow and ice. Winter in the UK often brings its own set of workplace problems.

Severe weather conditions can result in staff absence due to travel disruption and seasonal commemorations often lead to a ‘mad rush’ of employees attempting to book in annual leave all at once.

At Employment Law Services (ELS) our advice is: Don’t get caught in the cold – ensure you have logical workplace polices on staff issues, such as travelling to work and taking holiday requests; communicate them to all employees now!

Adverse weather conditions

What issues should you keep in mind?

– You are not legally obliged to pay staff if they cannot get into work because of weather conditions

– Have a policy stating this – this will ensure employees are aware of the businesses expectations on them getting into work

– Try to be flexible where possible – can you come to a short-term arrangement that the employee can work from home temporarily until the weather/travel improves? Or, can you temporarily modify working hours to reduce disruptions?

Health

With winter weather, comes the cold and flu- this is likely to see an increase in the number of employees calling in sick to work.

– There should be provisions within the workplace absence policy alerting employees of when they will be expected to contact work when calling in sick. In addition, employers should routinely hold back to work interviews when an employee returns from being off sick.

– Should the illness last more than 7 days, employees should fill in a self-certificate detailing their short-term illness or alternatively, they should seek a statement of fitness for work from their GP.

Holiday entitlements

Around the festive period employers may find that they receive a burst of annual leave requests.

– When public holidays during the Christmas and New Year period fall on Saturdays and Sundays, alternative weekdays will be considered as public holidays.

– There is no legal requirement to paid leave for public holidays.

*Most part and full-time workers have the legal entitlement of 5.6 weeks paid holiday. Employers may agree to further annual leave as part of an individual’s contract.

– Employers can set periods around when employees will be expected to use annual leave, such as the business closing for Christmas.

Health in the workplace

Winter months often provoke mental health conditions such as stress and depression. Identifying this is a key business skill.

– It is unusual for an employee to freely open up to employers about a mental health condition. Thus, approaching an employee who you believe may be suffering from a mental health issue can be difficult. In this instance you should try and catch the employee privately and informally and ask how they are doing.

– Ensure your line managers are aware of how to react to signs of stress in the workplace. As an employer you may find that management staff require the correct training to assist them with handling difficult conversations and raise awareness of health issues.

How can Employment Law Services (ELS) help?

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.

Uber loses court appeal against drivers’ rights!

Posted on 10 November 201712 June 2023 by @deliver_els

In October 2016, the Employment Tribunal ruled that two drivers who were employed as gig-economy workers by Uber should have been classed as ‘workers’ under the Employment Rights Act 1996. This landmark ruling confirmed that the firm were then obliged to pay its drivers the national minimum wage, sick pay and holiday pay. This ruling has since caused huge implications for the gig-economy.

It was not surprising that by December 2016 the taxi-app company had attempted to overturn this judgement, arguing that they were a ‘technology firm’ and not a transport business; disputing that its drivers were independently self-employed as they were able to choose where and when they worked.

The judges involved in this case accused Uber of “resorting in its documentation to fictions, twisted language and even brand-new terminology.”

Today, one year on, Uber has failed to overturn this tribunal ruling with the EAT handing down its decision and upholding the initial ruling made in the Employment Tribunal; Uber drivers are ‘workers’ and therefore should qualify for all workers’ rights.

Uber have said that they will appeal this decision too as there is a further two stages in the appeal process – The Court of Appeal and the Supreme Court.

Maria Ludkin of the GMB Union said: “Uber must now face up to its responsibilities and give its workers the rights to which they are entitled.

“GMB urges the company not to waste everyone’s time and money dragging their lost cause to the Supreme Court.”

What does this mean now?

Today’s judgement is likely to cause massive implications as other companies with large self-employed workforces may now face very similar action. It is expected that organisations who have adopted a similar model to Uber will now discover that they owe a substantial amount more to their workers, such as paid annual leave, national minimum wage and sick pay.

Employee? Worker? Self-Employed?

It is crucial to the smooth running of any organisation that an employer is aware of what rights its workers are entitled to and what responsibilities they are legally obliged to abide by.

Employees, workers and self-employed workers enjoy a variety of different legal entitlements, and since many of these rights form the basis of the employment status, the consequences of getting an individual’s employment status wrong should not be underestimated.

When determining an individual’s employment status, an employer will be expected to examine the characteristics that form the employment relationship before coming to a conclusion.

Under the Employment Rights Act 1996 an employee is defined as: “an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.”

Under the same legislation a worker is defined as: “an individual who has entered into or works under (or, where the employment has ceased, worked under)— a contract of employment, or any other contract, whether express or implied.”

How can Employment Law Services (ELS) help?

Employers confused or concerned about the employment status of any of their workers and feel they may be affected by any of the issues raised in this article , contact us today on 0800 612 4772 or request a Free Quote now.

Sexual Harassment in the workplace in light of the Harvey Weinstein scandal

Posted on 6 November 201712 June 2023 by @deliver_els

The aftermath of the Weinstein scandal has placed the spotlight on sexual harassment reporting yet again.

Often, victims of sexual harassment are hesitant to report such incidents as they fear it will back fire or no-one will believe such an allegation.

It is crucial that businesses have clear guidelines to prevent this from occurring and encouraging employees to come forward in the event that it does.

What is sexual harassment?

The Equality Act 2010 defines sexual harassment as: “Unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.” Legislation also covers indecent or suggestive remarks, unwanted physical contact, requests or demands for sex and the dissemination of pornography.

Legislation on sexual harassment is often portrayed as vague as it can be hard to tell the difference between a joke and a humiliating remark.

How common is sexual harassment in the workplace?

A report that was constructed in 2016 by the Trade Union Congress (TUC) and Everyday Sexism submitted that 52% of females had experienced some form of sexual harassment in their place of work, nearly a quarter had been touched without consent and a fifth had encountered a sexual advance.

An earlier study produced by Slater & Gordon in 2013, which polled 1,036 women identified that 60% of females had experienced inappropriate behaviour at work and nearly half of respondents had been informed to expect questionable behaviours from a specific person.

Why are women not reporting it?

The TUC disclosed that 1 in 5 women do report it, with the outcomes being poor. It was reported that 80% said nothing changed and 16% disclosed the situation got worse after it was reported.

It was then made extremely difficult and expensive for employees to report harassment in the workplace when tribunal fees were introduced in 2013, especially workers in low paid jobs. However, these fees were overruled and found to be unlawful by the Supreme Court earlier this year. Frances O’Grady, General Secretary of the TUC stated: “The only reason that was overturned was because Unison had the clout and the money to take that decision to the supreme court. I would say to the government: ‘OK, you should be taking out full-page adverts in women’s magazines and newspapers to tell women what their rights now are.’ Because that decision in 2013 left women with no prospect of exercising their rights.”

“There’s a knowledge of and tolerance of sexual harassment, that makes women’s journeys through public space always a little bit hazardous. I think the people who talk about this stuff as if it’s nothing forget how heartbreakingly sorrowful we feel about that and how ashamed. The other structural conversation to have about this, apart from power, is shame. I am overwhelmed by hearing these women’s stories. Recognising them, their sense of shame, knowing that their entry into the public world is marked for ever by that. I think the politics of humiliation, which is at the centre of all this, has been erased from the discourse. It can’t be underestimated, because you were in that room, he did put his hands on your body. Even if you escaped, the point is that you were there.”

What should employers be doing to prevent this?

(1) Take allegations seriously

Complaints made on the grounds of sexual harassment should be explored immediately and in a professional manner. Employees should not be expected to provide evidence that this has happened. The purpose behind an employer’s investigation should be to gather further evidence on the complaint.

(2) Have an allocated individual who deals with complaints

This will encourage the employee to come forward with any sexual harassment concerns. Often, for employees this is a sensitive and worrying situation to be in, thus, having a named person to approach will put the employee at ease and remove any uncertainty.

This nominated individual should be given the appropriate training on how to address sexual harassment situations. Further, the process for passing on allegations to those who will be investigating should be made clear.

(3) Have workplace policies in place

All employers should have anti-bullying and harassment policies which set out what type of behaviour is unacceptable and the consequences of such behaviour, this should also state the procedure that employees should follow in the event they wish to make a complaint.

How can Employment Law Services (ELS) help?

If you require employment law advice on any of the issues raised in this article, or any other employment issue give us a call today on 0370 218 5662.

Please note, the information in this article is for guidance purposes only and it is therefore advised that employers seek legal advice before embarking on any enforcement action.