Category: Employment law

Q. Is an employer obliged to provide notes on an investigation into a grievance to the employee who raised the grievance?

The employer should notify the employee of its decision on their grievance in writing, setting out the reasons for the decision. The employer would not usually include copies of notes on the investigation as a matter of course, but if the employee requests these, the employer may have a duty to disclose the documents in accordance with GDPR. Employees have the right to see personal information that the employer has about them, held as a computer record or in a structured manual filing system. This could include notes on the…
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Q. Can an employee retract their resignation?

Employees can resign at any time by giving proper notice under their contract of employment. Once a resignation has been given it cannot be withdrawn other than with the employer’s express permission, or where it was given in the heat of the moment and then speedily retracted. Although there is no legal requirement for a resignation to be in writing, to avoid any confusion over whether or not an employee has resigned, it may be beneficial for an employer to include a clause in employees’ contracts of employment stating that…
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Q. Can an employer withdraw an employment offer that has been accepted, for example if there is a subsequent recruitment freeze?

Where there has been an unconditional offer of employment and the employee has accepted the offer, there is a binding contract of employment, even if the employee has not yet started their first day of work. If the employer were to withdraw the offer once it had been made and accepted, this would be a breach of contract. The employer would then be liable for the consequences of that breach, for example notice pay (subject to any duty to mitigate loss on the part of the individual). The employer should…
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Q. How long can an employee be expected to “act up” to a more senior position before the arrangement becomes a permanent promotion?

Whether an arrangement for an employee to “act up” to a more senior position will become a permanent promotion depends on what has been agreed between the parties. If the employee has agreed to “act up” on an open-ended basis, but there is no written agreement in place, there is a risk that the arrangement could become permanent through custom and practice. As the employee’s job title and salary are express terms of the contract, it is difficult for custom and practice to supersede them. However, where an employee assumes…
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Q. What is the increase in penalties in 2024 for employing illegal workers?

From the start of 2024, the civil penalty for employers employing illegal workers is set to triple to a crippling £45,000 per worker for first offences and £60,000 per worker for repeat offences. This is a massive increase from the current £15,000 per worker for a first offence and £20,000 per worker for repeat offences.   This hike in the civil penalties for employers is a serious move from the Home Office in its approach to knuckle down on illegal working in the UK. A fine at this level will…
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Employment law
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Unveiling the Truth: The HR Investigation into Huw Edwards at the BBC

Introduction The BBC has been an esteemed media institution, renowned for its objective reporting and credible journalism. However, no organisation is immune to controversy, and the allegations surrounding one of its prominent figures, Huw Edwards, triggered a comprehensive HR investigation. In this blog, we will delve into the details of this investigation, its impact on the BBC’s reputation, and the importance of transparent and fair HR procedures in addressing such matters. Who is Huw Edwards? Huw Edwards is a distinguished journalist and newsreader at the BBC, who, for many years,…
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Q. When is it too hot to work?

Temperatures in the workplace are covered by the Workplace (Health, Safety and Welfare) Regulations 1992, which place a legal obligation on employers to provide a ‘reasonable’ temperature in the workplace. They suggest that the minimum temperature in a workplace should be at least 16ºC, or if the work involves rigorous physical exertion, it can be as low as 13ºC. However, there are no laws which specify that workers can stop working if the temperature gets too hot. But every employer has a responsibility to maintain a safe working environment and…
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Q. Tell me about the up and coming changes to the Protection from Redundancy (Pregnancy and Family Leave Bill)?

The Bill aims to provide protection from redundancy during or after pregnancy, or after periods of maternity, adoption, or shared parental leave. The reason for introducing this bill was because evidence reported that new parents were facing prejudice in the workplace, with an estimated 54,000 new parents feeling they had to leave their jobs due to pregnancy or maternity discrimination each year. Under current rules, employers are obliged to offer employees on maternity, shared parental or adoption leave an available alternative post, as a priority over anyone else who is…
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Q. Do we have the right to access an employee’s WhatsApp messages if we are concerned about sexual harassment/bullying or fraud between employees via the platform?

In a recent case between FKJ (The Claimant) and RVT (Defendant), the case highlighted that parties need to consider how they approach obtaining evidence in support of their case and also how they handled the information once it was obtained, as without proper care/advice, it is possible to make an already litigious situation worse. The claimant was a solicitor that qualified in 2017 and commenced work for the Defendants in that same year. On 21 December 2017, the Claimant was dismissed by the Defendants for falsifying a timesheet. The Claimant…
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Q. How does the Carers Leave Act 2023 effect my employees?

The Carer’s Leave Act will give employees a statutory right to a week’s unpaid leave to care for a dependant. Here is what we know about the law so far…and what we don’t. The Carer’s Leave Act 2023became law on 24 May 2023. However, it requires further regulations from the government setting out precisely how the entitlement will work. One week’s unpaid leave per calendar year available to employees (not workers) from day 1 – employees to self-certify their entitlement Will be determined by the carer’s relationship with the dependent:…
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