Sadly the current economic squeeze created by the pandemic is resulting in a lack of demand for the products and services of some businesses. Inevitably to survive this businesses are having to reduce their cost base – including employee costs.

The actions that SME owners take needs careful consideration and all options should be explored. Redundancy may be inevitable but other options are worth exploring.

These include temporary lay-off’s and short time working. Both of these routes require employee consultation and consent given they cannot be ‘imposed’. One of the benefits of exploring this approach is that once demand for products and services increases the team remains intact and recruitment costs are avoided.

The Government has also announced a raft of employment support initiatives. These are now changing on a regular basis but should be considered to determine whether employment continues to be viable all be it with Government support.

If the challenge faced by the business is more concerning then redundancy is a fair reason for terminating employment. A process of communication and consultation needs to be embarked upon and legally the process will need to be seen as being ‘fair’. Larger employers making more than 20 people redundant within a 90 day period, need to embark upon a process of ‘collective consultation.’

Redundancy comes with a cost and an employee is normally entitled to a redundancy payment. Further details can be obtained here: https://www.gov.uk/calculate-your-redundancy-pay

It is possible that a settlement agreement might be appropriate. In simple terms a settlement agreement is where an employer and an employee agree terms for ending employment. They are often used when redundancy is being considered or if an employer thinks an employee is not performing as they would expect. Once agreed employment comes to an end.

Downsizing is an uncomfortable process but can be essential to ensure the viability of a business. Some of the legislation is complicated and employers should seek specialist advice if they have any doubt about the processes.

If you require employment law support please contact us on:

T: 0745 127 0008

E: info@rrpassociates.co.uk

The post Reducing the size of your workforce appeared first on RRP Associates.

Most commentators now see us heading into a toughening economic climate which may well result in reduced demand for goods and services. This is compounded by the strains placed on many businesses who have had to restrict activities due to the recent virus outbreak. We have seen the Government take action to keep people in their jobs through the ‘furlough scheme’ however, this is being scaled back and some businesses are faced with the need to reduce their employee numbers. Increasingly there are discussions around redundancy and ‘settlement agreements’ but what are they?

In simple terms a settlement agreement is where an employer and an employee agree terms for ending employment. They are often used when redundancy is being considered or if an employer thinks an employee is not performing as they would expect. Once agreed employment comes to an end.

These types of agreement were previously referred to as compromise agreements however, compromise agreements were primarily for workplace dispute resolution.

All settlement agreements vary but they will typically cover the payments to be received and the relevant tax issues. It is a requirement for employees to receive legal guidance on the agreement, something that is normally paid for by the employer. The solicitor can advise on the nature of the agreement and whether there are grounds for a claim against an employer, such as discrimination or unfair dismissal. If employment has to come to an end a settlement agreement provides a fair mechanism which represents the best interests of both employee and employer.

Employees do not have to sign a settlement agreement but it is worth considering if they will then face a redundancy process, or in some cases, disciplinary procedures. If they do sign the agreement then it usually means that the employee will give up the right to bring any kind of claim against the employer in return for a payment.

RRP Associates regularly acts for both employers and employees drafting settlement agreements and is able to advise on the content and represent the best interests of the client.

If you are considering offering an employee(s) a settlement agreement or if your employer has suggested this course of action please contact us.

T: 0745 127 0008

E: info@rrpassociates.co.uk

The post What is a ‘settlement agreement’ and why are they being talked about? appeared first on RRP Associates.

The Prime minister recently outlined a change in status from ‘stay at home’ to that of ‘stay alert’. This represents the first step in the easing of restrictions, a process that we are told could be halted or reversed depending upon the control of COVID-19 within the general population. Further details are expected and there has been some criticism in relation to the timing, the perceived vagueness and even the variation between different parts of the United Kingdom. However, what it does represent is a fundamental change in terms of work. There is a clear shift from staying at home to going back to work if people cannot work from home. This may be problematic for some given people are being encouraged to avoid public transport, but the emphasis is clear – a phased return to work is beginning.

So what does this mean for employers? The first thing to bear in mind is that normal Health and Safety rules apply, which require employers to do all they can to protect the good health of their staff whilst they are performing their duties.

We have heard much about the challenges of social distancing in travel, social and workplace environments. Hand washing and sanitising is still very much regarded as best practice whilst there continues to be debate about mask wearing.

All workplaces are different and it will be important to consider post COVID-19 safe working practices. The Health and Safety Executive clarifies the general obligations of employers on its website:

“It is an employer’s duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this.

This means making sure that workers and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace.

Employers have duties under health and safety law to assess risks in the workplace. Risk assessments should be carried out that address all risks that might cause harm in your workplace.”

It is reasonable therefore, to suggest that returning to work should probably be accompanied by a review of health and safety policies, procedures and working practices and will likely involve completion of risk assessment(s) specific to different tasks.

Health and safety and regulatory law is a relatively complex area, as such employers seeking guidance should contact RRP Associates to discuss their concerns. We can then work collaboratively with an employer on a plan of action, thereby helping to protect against health risks and mitigate against any regulatory non-compliance.

T: 0745 127 0008

info@rrpassociates.co.uk

The post Return to work – employer considerations appeared first on RRP Associates.

A solicitor that can accommodate you outside of 9-5, Monday – Friday?

Our London Office will be open on Saturday mornings from 10am-12pm for personal attendances or prearranged appointments so if you need to pop something in to us please feel free to come over.

Our office is situated on the Churchill Place, London, E14 5EU.

Please note that only our London Office will be open on a Saturday morning

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Be proactive!

Do not underestimate the benefit of a review. Being proactive and ensuring that your HR and employment practices are relevant, fair and legally compliant can have multiple advantages such as increasing productivity and staff retention  and reducing legal risks and overall costs.

Take the challenge

Carrying out a review may sound challenging but all you are aiming to do is understand whether the HR and employment practices are fit for purpose. All businesses will have a unique set of considerations in terms of operational and financial objectives for the next 12 months; these objectives are likely to determine the extent of the review.

Getting ready for a big event

Organisational change may already be at the top of the agenda for this year.  If this is the case, it is unlikely “the people aspect” of your business can be ignored because it will be important to ensure that HR is aligned to your strategic vision for the organisation.

If the aim is to grow your business, your retention and recruitment practices may need to be considered to make certain that you will be able to keep hold of and attract the best talent.   Employers wanting to gain advantage on competitors will recognise that opportunities could be lost if the focus is just on salary; some individuals place more importance on other factors such as progression, training, a supportive management culture and flexible working arrangements. To get the most out of the review these areas of the business will need to be scrutinised.

A period of consolidation may alternatively be on the agenda. This may involve changes to job functions, terms and conditions or even a reduction in headcount.  In order to prepare for changes that will impact on the workforce a review or current policies, practices and contracts of employment ahead of the implementation stage is advisable; legal risks and any contractual inflexibility can be identified and addressed.

Focus on tackling problem areas

The trigger for the review may be limited to a specific problem that has been identified.  For example:

• An increase in employee complaints: Behaviours within the business may be contributing   to employee dissatisfaction. In order to minimise the risk of litigation, the causes need to be identified and addressed.  Any review should also assess whether managers and supervisors are trained to know how to respond to avoid the problem escalating.
• A down turn in productivity: Performance management systems may be inefficient and/or not being fully implemented at the right time. This raises a number of questions including whether the design of the system is capable of delivering the results you are looking for and whether managers have been adequately trained to deal with poor performance.
• A health and safety incident:  Such an incident is indicative of all parties not playing their role in promoting health and safety across the workplace. Incidents like this cannot be ignored as the duty of care to provide a safe place of work rests solely with the employer.
• An inability to protect the business: There is nothing worse than finding out on the departure of a key employee, who is joining a competitor, that the contract of employment does not contain effective clauses to protect confidential information, or other interests such as customer or client connections.  Any audit should include a review of any post-termination restrictions.

All of the above are some examples of problems which would suggest the business is not functioning effectively in respect of its HR and employment practices. Unless addressed, these types of problems are likely to continue to be costly, time consuming and in some cases may result in litigation.

Keeping it simple

Outdated documents expose an employer to litigation risks.  Your review may therefore simply be limited to ensuring policies, procedures and documents reflect recent legal developments.  Documents that are regularly reviewed and refreshed will play a role in demonstrating legal compliance. A meaningful review should also assess whether your practices and documents continue to be relevant to your business, have been effectively communicated to staff and are uniformly enforced.  This will ensure that staff comply with their obligations or deter them from bringing a legal challenge.

Remain proactive

Whatever the outcome of the review, it is important to be prepared to respond to your findings and take any necessary remedial action.  Subsequent periodic reviews, particularly in response to commercial and legislative changes, will be key to maintaining business efficiency and ensuring that your policies and procedures will protect the business and provide the best use of your staff.  Your review and the action you take will play a significant role in future proofing your HR and Employment practices.

Call our Employment Solicitor, Simonne Watts today on 0745 127 0008 or email info@rrpassociates.co.uk for advice about any of the above issues or our specialised Employment Law and HR Services.

RRP Associates LLP’s publications are intended to provide information of a general nature only and not legal advice.

The post Are your HR and employment practices in good shape for 2018? appeared first on RRP Associates.

Simonne Watts, Head of Employment at award winning and leading regional law firm RRP Associates says, “Staff engagement and a time to socialise  is usually the main driver for any work’s Christmas party.  Getting it right can have a positive impact on staff morale.  If however it all goes wrong, the aftermath can involve costly legal consequences and a damaged business reputation.”

“The wise employer will have planned carefully and taken steps to minimise these risks. The ground rules will have been set with reminders being issued concerning expected standards of behaviour. The celebrations will be inclusive; absent employees will have been invited, adjustments made for staff with disabilities and those who do not celebrate Christmas, consume alcohol or certain foods due to their religion or belief.  On the big day, management safeguards will be in place behind the scenes to deal with bad behaviour particularly fuelled by excessive alcohol consumption.”

Even the best laid plans may go wrong, so what steps should be taken if they do?

Take all complaints seriously
Do not dismiss any complaint as “banter” or a “joke”; all concerns should be dealt with seriously and sympathetically.  Employers should not forget that they can be held responsible for the actions of their employees at a work’s social event.

Act immediately
The problem should not be left until the New Year.  Most complaints can be dealt with quickly and easily. Delay can exacerbate the complaint and undermine your internal procedures.

Investigate
A thorough investigation will minimise any legal risks. Where appropriate, talk to all parties involved, get statements from witnesses and gather evidence.

Be proactive in taking advice
If in doubt as to what to do or if the issues appear complex take advice about managing any process and the legal and financial considerations. Advice from the outset can put you on the right track and ensure any legal issues are addressed before it is too late.

Follow your policies and procedures
The complaint will determine which policies and procedures need to be considered.  A variety of policies may have been breached, such as Equal Opportunities, Bullying and Harassment, Drugs and Alcohol, Social Media and the Disciplinary Code.

Take formal action
Any concern must be dealt with under your Grievance Procedure. Any cases of misconduct should be addressed under your Disciplinary Procedure. Always ensure that the procedure is fair and impartial and be mindful of the ACAS Code of Practice on Disciplinary and Grievance Procedures.

Check social media activity
Promoting your social media policy in advance may minimise the risk of disparaging or embarrassing postings, but it is worthwhile keeping an eye on any postings.  Steps may need to be taken to control the situation to avoid further disputes between colleagues and any damage to the organisation’s reputation.

Learn
Arrange a debriefing meeting once the concern has been resolved and use this to positively affect your working practices for the future.

Helen adds, “Simple safeguards in advance can lead to a trouble free event, which allows everyone to have a fantastic time and you may not have to resort to the steps above; instead, your focus will be on preparing for a prosperous and dispute free New Year”.

For more information about the issues contained in this article or if you need assistance in managing a Christmas party complaint, contact Helen on 0745 127 0008 or email info@rrpassociates.co.uk

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Despite the Equality Act 2010 making harassment including sexual harassment unlawful and legal rights and duties being widely publicised the findings are concerning.

Simonne Watts Head of Employment Law at award winning and leading regional law firm RRP Associates says, “Employers will play a significant role in maintaining the momentum which is gathering for change. The findings suggest that for many organisations there will need to be a significant cultural shift if the aim is to get rid of discrimination and harassment in the workplace; behaviours and attitudes will need to change. Saying that there is a zero tolerance approach towards bad behaviour and demonstrating this with reference to internal policies is not going to be enough. The problem requires much more than a set of rules.

Policies will only be effective if employers and staff understand the law, and those affected feel able to report their concerns in the knowledge they will be investigated and resolved.  The importance of anti discrimination and harassment training for all staff and managers should not be underestimated when it comes to transforming attitudes and conduct. A multipronged attack on discrimination and harassment incorporating all these elements can have a positive effect on staff morale and retention, productivity and also minimise the risk of costly legal claims.”

If you need advice on any of the above issues or are interested in Employment and HR  training,  please contact Simonne Watts or one of her team on 0745 127 0008 or email info@rrpassociates.co.uk

The post Hollywood Sparks Momentum to Eradicate Workplace Harassment appeared first on RRP Associates.

Simonne Watts, Head of Employment at leading and award winning regional law firm RRP Associates was recently a keynote speaker on the subject of Social Media in the Workplace – Business or Pleasure, for Reed Employment.

Helen’s main message was that, “Although many employers have been quick to embrace the power of social media because of its benefits, they are still under-prepared for the potential risks it creates when put in the hands of their employees. If the priority is to mitigate possible risks, employers need to create an acceptable user culture; key steps would be to assess the risks, introduce social media and communication policies to control unwanted activities both inside and outside work and importantly, take disciplinary action for misuse. While the risks may be different for each employer, the solutions are often the same.”

For further information on how you can protect your business when it comes to Social Media please contact Helen or one of her team on 0745 127 0008 or email info@rrpassociates.co.uk

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Simonne Watts, Head of Employment at award winning leading regional law from RRP Associates comments, This is not surprising.  Organisations are moving away from traditional means of identifying who they want to do business with.  Many decisions in the past have been based solely on price and quality.   Organisations instead want to know more about who they are doing business with and whether they are doing the right things.  Although diversity and equal opportunities are relevant issues for all workplaces, these factors are becoming increasingly relevant in the commercial decision making process.

PayPal’s stance may appear harsh but the financial and commercial gains may be significant for those organisations that take a genuine approach to the diversity issue.  Widely available research shows that a meaningful diversity strategy is a powerful way of reaching a wider client audience and recruiting top talent.

The post Being The Best Or The Cheapest Is No Longer What It Takes According To PayPal appeared first on RRP Associates.

Employment rights campaigners have however taken a different view about this new way of working, believing that has opened up new forms of employer exploitation towards individuals who operate within the gig economy. These workers have limited legal protection and forgo even the most basic employment rights associated with normal employment, such as living wage, holiday pay, sick pay and of course pensions.

Inevitably, it was only a matter of time before this mode of employment was challenged. One of the most famous firms in the gig economy is Uber, a global taxi phenomenon who successfully put the digital in cabbing and proceeded to clean up, especially within the younger marketplace.

In the first case of its kind last week, an employment tribunal rejected Uber’s arguments that two of its drivers were self-employed. Although not granted full employment status, both drivers were found to be workers, which entitles them to paid annual leave and to receive the national minimum wage. While this case may not appear to be particularly significant as it relates to only two drivers, no doubt Uber will be considering the financial implications given that it works with 40,000 drivers across the UK.

Simonne Watts Head of Employment at award winning and leading regional law firm RRP Associates says, “This case has prompted strong reactions from all sides. It’s a victory for those working in the gig economy and a potential financial disaster for gig operators. It’s too soon to say what the true impact of this case will be but it is not the end of the matter.  If Uber appeals and there are further cases waiting to be heard, it may be some time before there is a final decision on the issue.  Even then, there is unlikely to be complete certainty for either party as each decision will probably be on a case by case basis. What is certain is that employment tribunals will continue to scrutinise very closely the working arrangements of the parties to ensure that basic workers’ rights are being protected and provided for where they are due.”

If you need HR advice then please contact Simonne Watts or one of her team on 0845-RRP -0000 or email info@rrpassociates.co.uk 

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