Companies advised to dismiss underperforming staff ahead of workers’ rights overhaul, Lawyers prepare for employment law shake-up

Companies advised to dismiss underperforming staff ahead of workers’ rights overhaul, Lawyers prepare for employment law shake-up

THE HOT STORY

Companies are being advised to dismiss underperforming staff ahead of workers’ rights overhaul

The Daily Telegraph ?

Employment lawyers are advising their clients to take action ahead of the government’s incoming Employment Bill, which is expected to include awarding workers’ full rights from day one. Nicholas Le Riche, an employment lawyer at BDB Pitmans, said: “We’re definitely flagging the upcoming changes with clients and highlighting that now is the time to consider their workforce structures for the rest of the year.” James Davies, an employment lawyer at Lewis Silkin, has said that some firms are also considering strengthening the terms of probationary periods. He said: “The advice we are giving at present includes looking at contracts for new hires to make sure they have properly drafted probationary periods . . . Many employers have historically managed them poorly as there was little legal significance to an employee failing a probationary period and an employer deciding a little later that it wasn’t working out.” Caspar Glyn, who is chairman of the Employment Lawyers Association, observed that employers will want to “set up and implement more rigorous systems to ensure that new staff who don’t measure up can be fairly dismissed within their probationary period.” Andrew Taggart, head of employment at Herbert Smith Freehills, added: “Businesses need to think about what changes might be needed . . . We’re advising that clients get ready to contribute meaningfully to the consultation because the devil is in the detail.”

EMPLOYMENT LAW

Overhaul of workers’ rights causes alarm among employers

Financial Times ? Daily Mail ?

Business leaders and opposition politicians have raised concerns about the Labour government's workers' rights package, claiming that it will likely increase burdens on business and make firms less likely to invest and less likely to hire. The new legislation aims to provide employees with a range of rights from their first day of work, including work-from-home options, sick pay, and protection against unfair dismissal. The plan also includes banning exploitative zero-hours contracts and increasing the minimum wage for younger workers. Beverley Sunderland, a partner at Crossland Employment Solicitors, warned of unintended consequences: “If the law changes to include day one employment rights (subject to a probationary period) then there is the very real possibility that all those employees currently under two years' service, where the employer is undecided about them, will be dismissed before any new laws come in.” Ross Meadows, Partner at Oury Clark Solicitors, adds: “The changes are likely to necessitate rigorous hiring practices and comprehensive onboarding to mitigate the risk of immediate legal disputes. Employers will need to invest in robust HR policies and training to ensure compliance and avoid potential litigation. This change will increase operational costs and administrative burdens.”

Lawyers prepare for employment law shake-up

City AM ?

As the government prepares for a monumental overhaul of employment laws, lawyers in the sector are bracing for a surge in work, City AM reports. The Employment Bill and the Equality (Race and Disability) Bill are yet to be fully detailed, leaving businesses in a state of uncertainty. Lawyers are receiving a rising number of queries from clients desperate for guidance. The removal of the two-year qualifying period for unfair dismissal claims and the abolition of zero-hours contracts are among the imminent changes that will impact various sectors. The proposals for flexible working by default and mandatory pay reporting for large employers are also causing concern. "Employers are navigating through a fog of uncertainty, grappling with the broad strokes of the new employment package while the finer details remain elusive," said Robbie Sinclair, an employment partner at A&O Shearman. Simon Fennell, partner at Shoosmiths, adds: “Clients in seasonal sectors and the gig economy are particularly anxious about the abolition of zero-hours contracts and how changes to worker status will affect their business models.”

Small businesses 'outraged' at new employment laws

The Sun on Sunday ?

Small businesses are "outraged" by the new government's planned employment laws, fearing that they will lead to job losses and business closures, the Sun on Sunday reports. The proposed Employment Rights Bill aims to transform workers' lives for the better, but many small firms disagree. The new laws will ban zero-hour contracts and "fire and rehire" policies, as well as eliminate age bands affecting the National Minimum Wage. Parental leave, sick pay, and protection from unfair dismissal will also be available from day one of a contract. Small businesses argue that these measures will increase costs and risks, making it difficult for them to survive. The Federation of Small Businesses reports that over 90% of small businesses nationwide are unhappy with the plans.?

France's strict employment laws hit BBC's Olympic coverage

Daily Telegraph ? Mirror.co.uk ? The Daily Telegraph ? The Independent UK ? The Sun ?

France's strict employment laws are having an impact on the BBC's coverage of the Olympic Games in Paris. The French working time directive requires a minimum of 11 hours between shifts, making it impossible for BBC presenters Gabby Logan and Clare Balding to cover both morning and evening athletics sessions. Violating the directive could result in broadcasters being stopped from working. The directive applies to all BBC roles during the Paris Games.?"We are all having to?work?to those rules within the BBC," said Logan. "We know the French?work?to live. It just means we split the day up slightly differently."

CASES

Migrant cleaners at Harrods prepare to strike over 'discriminatory' holiday policy

The Independent ?

Dozens of migrant cleaners at UK luxury retailer Harrods are preparing to strike over what they say is a new "discriminatory" holiday policy that affects Black and Asian workers. The policy limits workers' holidays to a maximum of two weeks, which restricts their ability to visit their families overseas. The workers claim that Harrods has turned down holiday requests longer than two weeks, accusing the company of undermining the welfare of its migrant workforce. The United Voices of the World (UVW) union, representing the cleaners, considers the policy to be race discrimination. The cleaners have instructed UVW to send Harrods a Notice of Intention to Ballot (NOIB), and strike dates will be announced soon.??Harrods acknowledged the dispute and told The Independent that it does not plan to engage with the union as it is not recognised by the company. A spokesperson said: “There has been no introduction of a new policy in relation to holidays at Harrods. Harrods clarified existing company policy, which limits holiday length during peak periods, as defined by the specific divisional needs of the business. This is to ensure that holiday is taken fairly and consistently across the team, as well as ensuring the business can continue to operate during its busiest periods.”

Pregnant worker awarded payout after Christmas party snub

Daily Mail ? Daily Mirror ? The Times ?

A mother who was not invited to an office Christmas party after informing her bosses about her pregnancy has been awarded £19,608 in compensation by an employment tribunal. Lorraine Powell, who worked for One Transport UK, claimed that she was deliberately excluded from the festive celebrations and treated differently once her pregnancy was announced. The tribunal judge found that Powell was subjected to pregnancy discrimination and bullying by her managers. Powell resigned from the company after being ordered to attend a disciplinary hearing on false charges. The tribunal concluded that Powell was demoted because her bosses knew she was pregnant. The company did not attend the tribunal and no sworn evidence was heard from Powell's former managers. The judge also noted that Powell was the only employee required to work in the office every day, while others were allowed to work from home. The treatment of Powell by her managers was deemed to amount to? bullying behaviour.

Dyslexic job applicant felt 'worthless' after recruitment process

BBC News ?

A man who applied for a role in a Northern Ireland government department has been awarded £15,000 in compensation after the department was deemed to have discriminated against him during the recruitment process. Terry Johnston, who was diagnosed with dyslexia in his 40s, said the experience left him feeling "worthless." An industrial tribunal ruled that the Department of Finance failed to make “reasonable adjustments” during its selection tests to take account of Johnston's dyslexia. In a statement, the department said it "notes the outcome of this case and will implement any lessons learned." The case centred on an application Johnston made for a job as an assistant statistician within the Northern Ireland Statistics and Research Agency (Nisra) in 2020. The selection process required applicants to pass both a numerical and statistics test before they could proceed to the interview stage. Johnston said he was at a disadvantage during the numerical test due to the linguistic complexity of how the questions were worded.

Former RAF solicitor awaits remedy hearing after employment tribunal ruling

Law Gazette ?

A solicitor formerly with the Royal Air Force is awaiting a remedy hearing next month after a damning employment tribunal ruling involving senior colleagues. The Watford Employment Tribunal found that Allan Steele was victimised when he was dismissed by the RAF after 17 years' service. The Ministry of Defence has lodged an appeal against the ruling. Steele was found to have been mistreated following complaints about discrimination based on his male, Scottish, and Christian protected characteristics. The tribunal found that senior legal officers behaved in a "grossly unfair" manner and "ambushed" Steele at a return-to-work meeting. Steele's career was sabotaged by a hostile report from Air Vice-Marshal Tamara Jennings and a damning report from Wing Commander Justin Shearing. The tribunal concluded that Steele's complaints were not properly addressed and were instead used against him. The remedy hearing is scheduled for next month.

WORKPLACE

Employers urged to show flexibility ahead of Paris Olympics

Mirror.co.uk ?

Employers are urged to be flexible when allowing staff time off to watch the Olympic Games. Susan Clews, the chief executive of Acas, has advised bosses to show a bit of give and take when considering holiday requests. Acas says that employees could start late or leave early, as long as they make up the lost time, and might even be allowed to keep tabs on the Olympics via radio or TV at work. "Paris 2024 will be an exciting event for many sports fans but staff should avoid getting disqualified for unreasonable demands or behaviour in the workplace during this period," said Clews. Employers are advised to have workplace agreements in place to ensure productivity.

Solicitors of South Asian heritage in the UK experience microaggressions at work, report says

Law Gazette ?

At least six in 10 solicitors of?South Asian heritage have experienced microaggressions at work, while three in 10 have faced racial slurs, according to a new report published on the first day of South Asian Heritage Month (18 July to 17 August). The report, based on a survey of 48 South Asian partners and senior in-house counsel, highlights the challenges faced by solicitors of South Asian heritage in the UK's legal profession. The findings show that ethnicity affects work allocation decisions and hinders promotion to partner. The report recommends measures such as unbiased work allocation processes, transparency in promotion criteria, and purposeful networking and mentoring to support South Asian solicitors. South Asian Heritage Month aims to raise awareness of the contributions and experiences of South Asian communities in the UK. Law Society president Nick Emmerson encourages South Asian colleagues to connect and celebrate their unique perspectives during the month.

Majority of UK workers are still working from home

The Times ?

The return to the office is continuing, but more than half of Britain's white-collar workers are still spending most of the week at home. According to CBRE, 43% of office workers are now commuting in at least three days a week, compared to 37% last year. Richard Holberton, CBRE's head of European office occupier research, stated that the most common attendance is two days a week or more, with 71% achieving that regularly. Fifty-seven pert cent of companies intend to move to a smaller office in the next three years, reflecting a post-pandemic trend of wanting better but smaller offices, CBRE says.

要查看或添加评论,请登录

社区洞察

其他会员也浏览了