Author: @deliver_els

Employment law is vast, with regulations applying to a huge range of legal aspects. This is partly because there are differences in employment law for employers and employees. However, UK employment law has more complications due to constant updates and new requirements.

In this blog, we’ll be shedding light on the ways employment law is enforced in the UK.

 

What type of law is employment law?

A majority of employment law is classed as private or civil law. These proceedings are characterised by a dispute between two parties, often referred to as the claimant and the respondent. These titles are assigned as the former bringing legal action against the latter.

In employment law, the claimant will typically be an employee/worker, a former employee/worker, or an unsuccessful applicant. Employers can be sued whenever one of these parties believes they are in breach of the law. As such, it is vital that employers are aware of how employment law should dictate their HR and operational policies.

 

Areas of employment law

There are many different statutes and individual laws that fall under the umbrella of employment law. These can be broken down into four main areas, which are:

• Pay – employers are responsible for paying the amount promised, which should be fair, above the minimum wage and paid on time.
• Recruitment – rules dictating what employers can and can’t do in relation to who they employ, as well as their practices after someone has been successfully employed.
• Discrimination – probably the most changeable area of employment law. It contains regulations designed to ensure no one is discriminated against in the workplace.
• Health and safety – laws that hold businesses accountable for establishing a safe working conditions.

As you can see from this rough breakdown, there are certain parts of employment law that apply exclusively to either employers or employees. For example, recruitment laws will almost exclusively place obligations on employers. Nevertheless, employees must still be aware of the rules to recognise when grievances should be raised.

 

Enforcing employment law

Employment law first came about to enforce workplace principles and ensure that the rights of employers and employees are being upheld. This is still the case today. Some of the most significant employment laws are The Equality Act 2010, National Minimum Wage Act 1998 and Employment Rights Act 1996. Amendments are always being proposed and passed. For example, next year the Employment Relations Act 2023 will come into effect and bestow additional powers on workers to request flexible working arrangements.

While parliament is the official body responsible for making employment laws and overseeing their transition into public use, it is not responsible for enforcing them. Instead, it typically falls on employees and trade union representatives to enforce the regulations. A variety of government organisations are then responsible for enforcing certain areas of regulation. These include:

• HMRC – tax and pay issues.
• Employment Agency Standards Inspectorate (EAS).
• Health and Safety Executive (HSE) – working times.
• Gangmasters and Labour Abuse Authority – modern slavery.
• Equality and Human Rights Commission – discrimination in the workplace.
• Rural Payments Agency.
• Local authorities.
• Pension Regulator.

The nature of these organisations could change in the future however, as the UK government has signalled an intention to consolidating some of these into the Single Labour Market Enforcement Body. At the time of writing, it isn’t clear which bodies will be put under this entity and what grievances it will be concerned with.

Employment tribunals

Many legal disputes over employment law are settled with an independent tribunal hearing. Here, judgements are made on issues that produce statutory and contractual claims such as unfair dismissal, redundancy, and discrimination. Enforcement responsibilities therefore lie with the judge as an unbiased party, along with representatives of the employee and employer.

 

Employment law outsourcing for businesses

The Employment Law Services (ELS) Ltd team have been providing legal advice for employers for years. We consider the facts in relation to our client’s position to deliver realistic options that are likely to lead to favourable outcomes. Contact us today for professional support to help get you through difficult situations.

With the Employment Relations Flexible Working Bill receiving royal assent in July, workers will soon have greater autonomy over how they work. As a result, there are certain considerations employers must account for when the bill is passed into law. In the interim, employers can also put measures into place to account for these changes.

In this blog, we’ll aim to answer any questions you may have about the Flexible Working Bill and what effects it will have for employers.

 

What has Employment Relations Bill changed?

The bill will make amendments to the Employment Rights Act 1996, namely the right for employees to request flexible working arrangements. These are as follows:

• Employees will be allowed to make two flexible working requests every 12 months instead of one.
• Where employees are currently only entitled to request flexible working arrangements after 26 weeks, they will be able to do so from day one.
• Employers will be required to consult with employees before they deny a request for flexible working.
• Employees will be no longer be required to explain in their application what effect they think their flexible working will have on the employer.
• The deadline for employers to make a decision regarding a flexible working request will be reduced from three to two months.

Many cite the Covid-19 pandemic as the main driving force behind the bill, as a massive proportion of the workforce was forced to work remotely. This helped bring flexible working arrangements into the mainstream, thereby warranting an examination of employee rights in this area. Before the bill was introduced, its sponsor Yasmin Qureshi said, “This bill will ensure more people can access flexible working and act as a catalyst to address the barriers faced by women, the disabled, carers, and older people”.

 

What does the bill mean for employers?

Flexible working can refer to any pattern, location or hours in which someone is expected to work. For example, in a company where employees typically work from the office 9am-5pm, an employee might request to work 8am-4pm with 2 days a week spent working from home. The bill states that employers must take a more open approach to flexible working arrangements such as this. It reflects the fact that employees have come to expect flexible working as an option for most workplaces, so employers should be prepared to respond to requests in a certain way.

The bill does not require employers to approve every flexible working request they receive. However, it does mean that all requests must be discussed with the individual before it’s accepted or denied. Here, an explanation should be given as to why you have reached the decision. Possibly the most significant change for employers is that you have one less month to respond flexible working requests. When the bill transitions into law, it’s advisable to make a note of this to avoid getting caught out. Employers found to be in breach of new or existing flexible working regulations will face a penalty.

 

Responding to a flexible working request

It’s likely that employers will need to process more requests for flexible working as a direct result of the bill. When this time comes, it’s important that any HR policies are updated accordingly. Systems should also be put in place to allow employees to make requests and receive feedback easily. This could mean new responsibilities for HR staff. Mainly, that a consultation has to be completed following every flexible working request.

Employers can still refuse flexible working requests on the current grounds. This includes:

• The changes will impact performance and work quality.
• It will incur costs that damage the business’s position.
• The work cannot be done either through reorganisation or recruitment.
• The business won’t be able to meet customer demand as a result.
• Planned workforce changes.
• Work isn’t required during the proposed hours.

 

Expert employment law advice for employers

At Employment Law Services (ELS) Ltd, our finger is always on the pulse of employment law updates. We are experts in employment law for employers UK with years of experience. As a result, our services take all the most recent legal developments into account. This removes a weight from your shoulders, as you don’t have to keep track of what these laws mean. It is our job after all. We’ll also take the time to consider your business objectives. For instance, you might already have an idea of what your business would and wouldn’t offer as a flexible working arrangement. We can review this to identify the best course of action for you. Contact us today for personalised and actionable employment law advice.

Many organisations host volunteers to undertake a range of responsibilities and to provide work experience. The types of organisations that can host volunteers includes charities, not for profits, public sector organisations and private sector enterprises. The activities volunteers engage in can also vary greatly depending on the industry. Nevertheless, volunteers and interns are all treated equally in terms of employment law.

Below we’ll be breaking down how volunteers are defined by law and what organisations need to be aware of when making use of their services.

What is a volunteer?

There is no single statutory definition of “volunteer” and “intern”.

A volunteer is a person engaged in an activity which involves spending time, unpaid (except for travel and other out of pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative.

Legal Status of Volunteers

The legal status of an individual is important as it determines the extent of any statutory employment rights that they have against the organisations to which they provide their services. There are (broadly) three categories of protected individuals under employment law:  Employees, Workers, Individuals “in employment”.

The definition of “employment” includes employment under a contract of employment, a contract of apprenticeship or a contract personally to do work (section 83(2), EqA 2010), which encompasses both employees and workers, and a potentially wider category of individuals who are genuinely self-employed, provided that their contract obliges them to perform the work personally.

To establish protection under any of the three categories above (employee, worker or “in employment” status for the purposes of protection from discrimination), an individual must first establish that they have a contract with an organisation. This will require existence of the four basic elements of a contract:

• Offer
• Acceptance
• Consideration
• Intention to create legal relations.

The absence of a contract between an individual and an organisation will be fatal to a claim under the ERA 1996 or the EqA 2010.

Do volunteers count as employees?

As volunteers do not have a contract of employment, they do not experience the same rights as employees, workers or individuals in employment. This means volunteers are not legally protected from being unfairly or wrongfully dismissed or from discrimination in the workplace meaning they cannot bring such claims against their employer. However, organisations can be liable if a volunteer harasses or discriminates against an employee.  Part 3 of the EqA 2010 deals with discrimination in the provision of goods, services and facilities. Although volunteers may not be protected from discrimination under the employment provisions (Part 5) of the EqA 2010, they might be able to claim that, by offering opportunities for volunteering or work experience, an organisation is providing a service and, consequently, they are protected from discrimination under Part 3 of the EqA 2010.

Instead of an employment contract, volunteers are often given a Volunteer Agreement. Although this document is not compulsory or legally binding, it helps organisations ensure individual volunteers act in the interest of the organisation. A volunteer agreement will explain:

• The volunteer’s role.
• The induction and training that will be provided.
• The level of support and supervision given during the volunteer’s activities.
• Whether or not the volunteer will be covered by the organisation employer’s liability insurance or public liability insurance.
• Any health and safety issues associated with their activities.
• Any expenses that will be covered by the organisation, eg travel.

Changes to employment status

Organisations must be careful to ensure their actions don’t cause volunteers to take on employment rights. If any payment or ‘benefits in kind’ is made to a volunteer, they will then be classed as a worker in the eyes of HMRC. In this case, they are entitled to receive at least the national minimum wage.

In this case, the promise of a future job due to volunteer work can be seen as sufficient benefit to qualify someone as a worker. HMRC defines volunteer guidance as:

• That which is expected to be acquired through doing the volunteer work.
• That which is given solely to improve someone’s ability to complete their volunteer duties.

Any training that’s provided beyond this scope can lead a volunteer to become a worker. These criteria can be subjective and highly changeable depending on the nature of the organisation, as well as the work the volunteer undertakes. As such, free employment law advice for employers can give you a strong knowledge base so you can outline your volunteer approach. We have lots of resources for employers on our website.

Set out below are some suggestions (derived from the case law) to reduce the risk for organisations of creating a legally binding contract with volunteers. It may not be realistic to avoid all the potential risk factors, but removing some of the indicators of a contractual relationship should be possible:

• Avoid making payments to volunteers that could be construed as wages. Payments to cover actual expenses should be clearly identified as such and ideally reimbursed against receipts.
• Remove or, at least, minimise perks that could be seen as consideration.
• Reduce obligations on the part of the volunteer. Giving a volunteer the ability to refuse tasks and choose when to work will point away from the existence of a binding contract.
• Avoid using language that makes the arrangement sound contractual and adopt flexible language, such as “usual” and “suggested”. See Standard document, Volunteer agreement for sample wording.
• Treat volunteers fairly. Having clear procedures for dealing with problems and grievances and good communication between the parties should reduce the likelihood of disputes with volunteers.

Expert employment law advice for employers

If you’re looking for further guidance on employment law for volunteers, or advice on specific case scenarios, contact Employment Law Services (ELS) LTD today. We are a firm dedicated to supporting businesses and individuals in their working practices across the UK. Get peace of mind with comprehensive employment law help for employers and bespoke HR solutions. We have over 15 years’ experience, so we know what it takes to keep a workplace running smoothly and avoid any legal speed bumps along the way.

Generally, an employee who has completed the applicable qualifying period of service has the right not to be unfairly dismissed.  For these purposes, the employee must have been dismissed in one of three ways: termination by the employer, expiry of a limited-term contract or constructive dismissal (section 95(1), ERA 1996.

The dismissal of a qualifying employee will be unfair unless:

• The employer can show that the reason (or principal reason) for the dismissal was one of the five potentially fair reasons (section 98(1) and (2), ERA 1996.
• The tribunal finds that, in all the circumstances (including the employer’s size and administrative resources) the employer acted reasonably in treating that reason as a sufficient reason for dismissal (section 98(4), ERA 1996.

In cases of misconduct or poor performance, the Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) sets out recommendations as to the procedure employers should adopt prior to dismissing an employee. Tribunals must take the Acas Code into account when deciding whether an employer has acted reasonably.

Dismissals for certain reasons are deemed automatically unfair and, in most such cases, employees do not need a qualifying period of employment.

If an employment tribunal finds that the dismissal is unfair, it can order the employer to re-engage or reinstate the employee or (as is more likely in practice) pay the employee compensation.

Dismissing an employee is never a nice process for an employer, but it’s important to know the difference between fair and unfair dismissal. If a disgruntled employee feels as though their dismissal was unfair, they could take legal action against you and make an employment tribunal claim if they have been employed with you for longer than 2 years. In this guide, we’ll be defining both fair and unfair dismissal including how they are different. Additionally, we’ll discuss how using an employment law advisory service for businesses UK like us can benefit you.

What is fair dismissal?

According to the Employment Rights Act 1996 there are five possible reasons for a fair dismissal. These are:

• Their conduct – the employee has acted in a way that is unacceptable or inappropriate. This could include particularly serious behaviour like fraud, theft, bullying, or negligence. It can be one big incident that requires immediate dismissal (called gross misconduct). Or it might be the result of several smaller problems like regularly being late for work.
• Their capability – if the employee has proven unable to do their job or doesn’t have the necessary qualifications for it. Examples of this may be long-term absence or if they aren’t performing to an expected level for the role.
• A legal reason or statutory restriction – if the employee can’t carry out their work legally and continuing to employ them would mean your business is breaking the law. For example, if a lorry driver no longer had their license and was banned from driving.
• Redundancy – when there is no longer a need for that job role within your business such as if the business is closing or downsizing.
• ‘Some other substantial reason’ – there could be various specific circumstances that warrant a fair dismissal, which is why this category exists. It might be that your reason for dismissal doesn’t fit into any of the other categories (for example the employee is given a long prison sentence, their fixed term contract is coming to an end, or they refuse to accept new terms in their employment contract).

A dismissal will be held to be fair if:

• The employer shows that the reason (or principal reason) for the dismissal was one of the five potentially fair reasons for dismissal (section 98(1) and (2), ERA 1996). Identifying the reason for dismissal is considered in The reason for dismissal and Potentially fair reasons for dismissal.
• The tribunal finds that, in all the circumstances (including the employer’s size and administrative resources) the employer acted reasonably in treating that reason as a sufficient reason for dismissal (section 98(4), ERA 1996)

However, there is a process to a fair dismissal. Not only does an employer need a valid reason to dismiss, but they also have to prove that they acted in the right way in accordance with the process. As well as in a way that is suitable for the circumstances at hand. If you’re unsure whether your dismissal is fair or if you have acted in the best possible way, you should seek expert HR advice for employers from ELS.

What process for fair dismissal should employers follow?

If the situation reaches an Employment Tribunal, they will consider various factors when deciding whether the dismissal was fair, and the employer acted reasonably. They will check whether the employer:

• Thoroughly investigated the problems and accounted for mitigating circumstances that might have been affecting the employee.
• Documented the issues in writing and informed them of the possibility of their dismissal.
• Carried out a disciplinary hearing with the employee, allowing them a chance to respond.
• Ensuring the employee knows that they can be accompanied to any hearings.
• Letting the employee know of the decision to dismiss them in writing and giving them opportunity to appeal that decision.

 

In addition, the Tribunal will look at whether the decision fits within one of the above category for a fair dismissal and weigh up other questions. Did the employer inform the employee of expected standards of conduct and performance? Could the employee be expected to understand what the consequences of their behaviour would be? Has the employer’s policy been used in a fair and consistent way? i.e., were similar problems dealt with in the same way in the past?

Proving a dismissal was fair has to be evidenced in a clear and unquestionable way. However, it can be easy for a fair dismissal to be rendered unfair if the employee has certain characteristics, even if the employer has acted in the most suitable way and followed the process responsibly.

What is unfair dismissal and how is it different from fair dismissal?

Understanding what unfair dismissal is, is essential for any employer. Different rights can apply based on the specific circumstances of the business and dismissal. For example, it will likely be considered unfair dismissal if an employee has worked for the employer for at least 2 years and:

• There wasn’t a fair reason (as listed above) for the dismissal.
• The reason being given by the employer was not substantial enough to support the decision of dismissal.
• A fair procedure was not followed by the employer.

In cases where employees have been dismissed before they have worked for their employer for 2 years, their rights can be a bit different. This can be referred to as ‘short service dismissal’ and depending on the reason why the employee is being let go, automatically unfair dismissal or wrongful dismissal could apply.

Automatically unfair dismissal

There are some reasons for dismissal that are deemed to be automatically unfair under the Employment Rights Act 1996. This means that if an employer tries to use them as the main reason for dismissal, there is no question that it is an instance of unfair dismissal. This can apply to any employee whether they have been employed for a minimum of 2 years or not. Automatically unfair reasons for dismissal include:

• Being pregnant or on maternity leave
• Completing jury service
• Asking for something that falls within an employee’s legal rights such as wanting to be paid National Minimum Wage
• Being a member or representative of a trade union
• Requesting to take family leave, such as parental, paternity, or adoption leave
• Making a flexible working request
• Being part of legal industrial action for 12 weeks or less, e.g., going on strike
• Having an involvement in whistleblowing
• Proposing to take action or taking action because of a health and safety concern
• Taking compulsory retirement (being forced to retire by an employer)

Wrongful dismissal

A dismissal is wrongful when an employer has breached an employee’s contract. Wrongful dismissal is often in relation to notice, or notice pay, such as dismissing an employee without giving them a notice period or notice pay. Another example is not giving an employee the full notice period they have an entitlement to. Again, it doesn’t matter how long an employee has worked for the company. Anyone can make a claim for wrongful dismissal if they feel it is justified.

Who can claim unfair dismissal?

The right to bring a claim for unfair dismissal is available only to an employee who has been dismissed and who, in most cases, has the requisite qualifying period of service, currently two years. The qualifying period does not apply in most cases where the dismissal is for an automatically unfair reason.

The employee’s work must also have been done in Great Britain or must have a sufficient connection to Great Britain to bring the employee within the territorial scope of the ERA 1996.

Conclusion

In many situations, there can be a fine line between fair and unfair dismissal, but as an employer it’s important to know your rights. As well as the procedure you should follow in the event you want to dismiss an employee. If you need support with your HR and understanding employment law, contact us at Employment Law Services (ELS) today. Our team of employment law consultants for employers are on hand to help however we can.

 

Human resources – it sounds quite tyrannical. In fact, the HR department is a valuable asset for long-term business health. This is because employees are the lifeblood of any business. What’s more, research has found that the working environment is the most valued factor for employee happiness. As such, its important employers ensure they have adequate resources devoted to HR.

In this blog we’ll be going over the role of HR in businesses, and how outsourcing to experts like Employment Law Services (ELS) LTD allows employers to stay on top of their responsibilities.

 

The importance of HR for businesses

The goal of HR is to manage and support employees over the course of their life cycle. It’s therefore responsible for finding, screening, recruiting, and training applicants. Additional roles include administration, aiding in budget control, and conflict resolution.

Human resources also help shape and maintain company culture. This is because its activities impact employees at all levels of the business, including the owner. Creating a positive workplace environment takes constant attention, which HR outsourcing helps achieve.

The nature of a business’s HR responsibilities is characterised by the work done by its employees, as well as its size. For instance, many SMEs don’t have a dedicated HR department due to the number of people employed by the business. However, owners that take on HR roles themselves risk of failing to uphold legal requirements. Employment Law Services can provide qualified advice and support to business owners and managers, even if the business doesn’t have a HR function.

 

Why outsource HR?

Small and medium sized businesses can grow quickly, leading to the employment of more and more workers. During this process it can become too much for leaders to manage employee wellbeing alongside their other duties.

If you’re an employer considering whether to outsource HR, you should assess your current HR responsibilities. Are they detracting from profitable action? Do they require specialist skills and training? Does it mainly consist of temporary recurring tasks? If even one of these answers comes back as a yes, the business could benefit from outsourcing its HR.

Ensure legal compliance

Employment and labour laws are complex, with the ability for corner case scenarios to arise. It typically takes members from multiple in-house HR teams to formulate a policy that covers all areas. An external HR department can act as an employment law helpline for employers, constantly monitoring changes to employment law.

This is important as failure to comply can open the business up to claims, which can damage its reputation. This is alongside potential financial consequences too. Outsourcing helps avoid costly mistakes as there’s less pressure on HR administrators.

Time and resource savings

Outsourcing HR gives employers and managers more time to oversee key operations. This lets employers focus on improving business efficiency and facilitates vertical relationships. It also helps simplify time consuming procedures like payroll and benefits packages.

Improved information gathering

Using the most advanced and up-to-date employee management tools can be expensive. However, third party HR companies will employ these technologies and offer their benefits to your business. Employment Law Services (ELS) LTD can provide customers with comprehensive human capital metrics to measure performance and ensure company policy is being upheld.

Access HR expertise

Managing employee needs takes a great deal of experience and nuance. This is furthered by the range of responsibilities that fall within HR. For example, an employer with an accountancy background might be well suited to payroll duties but unable to deal with workplace disputes. Outsourcing gives a business access to expertise in all areas of HR.

 

Options for outsourcing HR

There are different outsourcing options for businesses looking for HR advice and support. These vary depending on the scope of processes that can be outsourced, along with the specific functions covered. As such, the choice will be guided by the needs of the business. Options for outsourcing HR functions are:

• Human Resources Outsourcing (HRO) – sometimes called Business Process Outsourcing (BPO), this involves employing a subcontractor to take over HR function to any degree.
• Administrative Service Offering (ASO) – outsourcing administrative HR functions like worker’s compensation, payroll, employee benefits, HR management, and safety programmes.
• Independent contractors – an individual that helps the company build their HR function without being employed. Independent contractors aren’t given full-time work either, instead they’re commonly on a retainer.
• Staffing companies – agencies that help source candidates for new roles. These companies work with the business during the recruitment stage of an employees’ lifecycle. They aren’t concerned with the benefits aspect of HR.
• Professional Employer Organisation (PEO) – companies that provide an outsourced solution for HR management. They form a joint employment agreement, meaning the PEO becomes the employer of record. As a result, a PEO can manage and perform more complex HR functions. This includes health benefits, payroll tax compliance, paid time off, leaves of absence, workers’ compensation and insurance claims.

 

Employment law services for businesses

Looking for clarity on how employment law affects HR in your business? The team at Employment Law Services (ELS) LTD is ready to provide expert HR advice for employers. We help by shouldering HR responsibilities with professionalism. Access a free consultation and we’ll help you take care of your employees.

 

Contact us today.

The workplace is where many of us spend a large portion of our lives. Unfortunately, the reality is that bullying doesn’t disappear once we leave education. It’s not something employers can quantify and address in the same way as other business areas. However, bullying most certainly is something that has to be dealt with effectively.

In this blog we’ll discuss why workplace bullying arises, how to spot it, and how best to deal with it.

 

Identifying workplace bullying

Workplace bullying can be a difficult pill to swallow for employers. They might not be looking out for the signs. It can also be hard for employers to notice unless they’re physically close to employees on a regular basis. Generally speaking, the bigger an organisation is the harder it is to monitor. It’s therefore important to make sure measures are in place to identify workplace bullying early on.

Bullying can broadly be defined by persistent negative behaviour that targets an individual.  However, the challenge is that it can manifest in many ways. For example, bullying doesn’t have to be solely physical or verbal abuse. It can also occur in-person or through online channels. Bullying can include:

• Belittling – when someone doesn’t have their contributions taken seriously. Belittling can also be undue criticism from colleagues.
• Name calling – it could be a name that relates to the person’s actual name, their appearance, culture, gender, or something else altogether. Whatever the case, the intention is to cause discomfort.
• Exclusionary behaviour – actions that isolate someone and make them feel ignored.
• Spreading rumours – falsehoods based on someone’s actions or personality that are circulated among employees.
• Scapegoating – blaming an individual for mistakes the aren’t wholly responsible for. In cases where one person may be responsible, jumping on them immediately can be seen as scapegoating.
• Patronising – behaviour that appears outwardly friendly but in reality, creates a sense of superiority. One way this type of bullying can occur is by one person constantly being assigned menial or pointless tasks.

 

Effects of workplace bullying

Preventing workplace bullying falls within the bounds of employee health care. As such, it’s within an employer’s duty of care to try and prevent workplace bullying. Aside from decreasing motivation and engagement, there are real health risks associated with workplace bullying. Those affected can develop a range of psychological issues. Even people who aren’t the primary target of bullying can be impacted. Witnessing bullying can still cause some trauma. Problems include:

• Stress
• Blood pressure complications
• Loss of sleep
• Mood swings
• Anxiety
• Low self-esteem and confidence
• Depression

It’s also been shown that employees being bullied at work can experience physical symptoms. Examples include loss of appetite, headaches, and increased muscle tension. One paper even found that workers that had been bullied were 59% more likely to develop heart-related illness. This, combined with the mental effects, distract workers from doing their jobs to the best of their abilities.

Bullying affects the nature of the workplace itself. People that are affected may develop habits to avoid bullies, which damages efficiency. Employers may see drops in productivity, increases in absenteeism, and the rise of costly legal issues.

 

How to deal with workplace bullying

Once you’ve identified one or more employees committing workplace bullying, what should you do? Depending on the severity of the bullying, employers might not want to outright dismiss perpetrators. This can potentially cause more damage to the overall company environment.

There are many options for businesses to deal with workplace bullying. Here are our steps for employers that have been made aware of workplace bullying, either formally or informally.

Talk to the suspected victim

Gain a full understanding of the issue and what has happened. At this point, employers should try to understand if the accusation of bullying is true. This will gather relevant information that can be used further down the line, especially if legal action is brought against the bully.

Agree an approach

Discuss how they would like the situation to be handled. The employee may want to keep it quiet, want advice, a written statement apology, to try mediation, or to make a formal complaint. Alternatively, they may want to be moved to a different role. For mediation, employment law services for businesses can serve as a valid third party. All these options should be made clear to the affected employee.

The challenge for employers is reaching an agreement on what should be done. As an employer, you may feel as though the person’s proposed course of action isn’t appropriate. It could be a conflict of interest, or they could understandably be acting emotionally. Whatever the case, employers should try and agree an approach that works best for both parties, whether it’s formal or informal.

Support the individual

Make them aware of any available resources that can offer support. These can be:

• Counselling – either through an employee assistance programme (EAP), or other means provided by the employer.
• Staff support networks.
• Trade union advice.
• Internal support workers – those responsible for encouraging a fair staff treatment in the workplace.
• Specialist anti-bullying and harassment support organisations or charities.

Review your policy

Every instance of unrest in the workplace, while unfortunate, is an opportunity to learn. It’s worth sitting down with your HR team and reviewing the scenario, how it was handled, and what process was followed. There can be different policies that relate to different types of bullying – was the most relevant procedure used in this instance? Employers can use reviews to make improvements to workplace wellbeing policies over time.

As an employer you’re responsible for preventing bullying and harassment. There is a difference between the two, as the latter is illegal under the Equality Act 2010. According to the UK government, harassment is unwanted behaviour relating to:

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

 

Tips for preventing workplace bullying

Even if your company culture is overwhelmingly positive, there could be factors that are contributing to a rise of workplace bullying. It might be design features, work tools, noises, or other environmental factors.

It may also be the case that people are bringing in issues from outside the workplace. For instance, in relation to their living situation or personal life. Although this aspect is out of your control, the best way to prevent workplace bullying is by creating an enjoyable work environment.

Reduce workplace stressors

Managing the stress levels of employees can have many benefits for employers. For example, increased morale and productivity. However, it can also help prevent bullying behaviour, as stress is often a factor in people lashing out at others.

Train staff

Ensure all workers are aware of what bullying looks like and how it can affect others. This allows employees to recognise when it’s happening, while also demonstrating your commitment to a safe workplace.  We offer a variety of e-Learning courses, including an Anti-Harassment and Bullying course.

Foster strong vertical relationships

Employers should focus on those in leadership roles to help reinforce workplace guidelines and culture. Managers should encourage openness by presenting themselves as people that can be spoken to about workplace conflicts. This employment relationship helps set expectations and influence company culture for the better.

Employers should also be mindful that bullying can come from a variety of sources, including vertically. This is another reason to train managers accordingly.

 

Employment law for employers UK

Whether you’re looking to establish an anti-bullying procedure or get bullying advice for employers, Employment Law Services can help. Our team have years of experience providing employers with expert advice. By choosing us, you’ll be ensuring your workplace remains safe and inclusive. Book a free consultation and we’ll see what we can do.

 

Contact us today.

On 7 August 2023, the UK government announced the tripling of fines for the employment of illegal workers. The last time this civil penalty was increased was in 2014, with a first-time breach costing £15,000 and repeat breaches costing £20,000. The increase, set to be implemented in early 2024, will see fines rise to £45,000 for first time offences and £60,000 for repeat offences respectively.

The government has said the move is necessary to combat illegal working practices in the UK, reportedly at their highest levels since 2019. Since 2018, the Home Office has recorded around 5,000 civil penalties issued to employers totalling an estimated £88.4 million. This is based on quarterly reports to assess the government’s illegal workers policy.

 

What employers need to know

It is unlawful to employ someone who does not have the right to reside and the appropriate right to work in the UK or who is working in breach of their conditions of stay.

Currently, those that employ individuals without the right work in the UK can face up to 5 years jail time, in addition to the fines. The regulations also affect landlords who allow illegal migrants to rent their properties. However, this only applies in the case the employer/owner has ‘reasonable cause to believe’ someone doesn’t have the right to work in the UK. Examples include:

• False or incorrect papers
• Their leave has expired
• They have not been given permission to do certain types of work
• They were not granted permission to enter or remain in the UK

If you are found to be in breach of these regulations as an employer, you will be issued a civil penalty notice. This contains details on how you can pay the fine, the next course of action, and what can be done to make an objection. After receiving the notice, employers have 28 days to respond.

In light of these upcoming fine increases, it is therefore advised that employers conduct thorough employee background checks. This allows them to obtain a statutory excuse to the civil liability penalties outlines above.

Employees

The individuals caught working illegally are also deemed to be committing a criminal offence. As a result, while their penalties are not as severe as those for employers, they still face consequences. This can include fines, confiscation of wage earnings, and up to 6 months imprisonment.

 

Conducting right to work checks

It is the responsibility of all UK employers to prevent illegal working. Therefore, reporting an illegal worker should be a step that businesses never reach. This can be avoided by conducting right to work checks on an employee-to-employee basis. While there is official government guidance on how to do this, here is a list of simplified advice:

• Check the eligibility of all prospective employees prior to their first working day.
• Conduct follow-up checks on those with UK right to work permissions subject to a time limit.
• Keep records of what checks were carried out and when. This information should be stored securely so it can be referred to if necessary.
• Do not employ individuals where it has come to your attention, or you have ‘reasonable cause to believe’, they are an illegal worker.

With the tripling of fines for employers who employ illegal workers, this is now more important than ever. This is because the fines now represent a more significant financial risk to business owners. Therefore, if you’re unsure of anything related to illegal working regulations in the UK, you should seek the advice from employment law professionals.

 

Avoiding claims of discrimination

To avoid claims for discrimination, employers should carry out appropriate checks on all prospective employees, not merely those who appear to be of non-British descent.  To assist employers, the Home Office issued a Code of Practice, which came into force in May 2014.  This latest version, which applies to employment commencing on or after 6 April 2022 and where a repeat check is required on an existing worker on or after that date, includes changes to further clarify the code of practice, including the meaning of terms used within it, what amounts to unlawful discrimination, and how to avoid discrimination when carrying out right to work checks. There is also additional guidance on fair recruitment processes, including in relation to online checks, and information for employees about employers’ obligations to conduct right to work checks.

If an employer has carried out checks and established that an individual is not permitted to work in the UK, it can refuse to employ that person but failure to observe the code of practice may be taken into account by an employment tribunal in deciding whether there has been discrimination.

 

Employment law specialists

If you want help with employee right to work checks, contracts, HR policies, and more, look no further than Employment Law Services (ELS) LTD. We offer fixed fee legal solutions for both employees and employers. These are created in consideration of your business, its workers, and the situation. As a result, you can be confident in achieving the desired outcome for your business. Contact us today to book a consultation with members of our expert employment law team.