SMCR

When deciding whether to focus on the discrete allegations or look beyond them, employers need to balance confidentiality with duty of care to employees, says Mark McWilliams.

Employers need to show the individual’s behaviour clearly affected the organisation’s reputation or their colleagues, says Catherine Bourne.

According to the most recent NHS statistics 2,500 people are injured or diagnosed with a spinal cord injury every year. Indeed it is estimated  that there are a total of 50,000 people living in the UK with a spinal cord injury of some sort. Unfortunately sustaining a spinal cord injury impacts on every aspect of a person’s life. Often, where everyday tasks are a challenge, returning to work may seem unrealistic. The fact is that employment rates among people with spinal cord injuries remain much lower than the general population.

There is currently no legal requirement to be vaccinated and the government has so far shied away from compelling people to be. Michael Gove’s review of the potential use of vaccine passports, expected in June, could alter the position. Employers can encourage staff to get vaccinated (as they may do with a winter flu jab, for example), provide access to medical information, allow paid time off to get the vaccine and provide sick pay for those suffering with side effects. However, insisting that employees are vaccinated could risk exposure to discrimination claims from those whose choice not to be vaccinated.

Failing to promote a good workplace culture based upon a firm’s core values is a potential regulatory issue.

The Financial Conduct Authority (FCA) recently launched a whistleblowing campaign, “In confidence, with confidence”, encouraging individuals working within the financial services sector to come forward and raise any concerns they have regarding potential wrongdoing, emphasising its commitment to protecting their identity and an increase in both resources and training at the FCA.  The FCA also commits to create a report about all concerns which have been expressed and to provide updates to a whistleblower every 3 months if so requested. 

In light of a recent EAT ruling, Nadjia Zychowicz and Eugenie Freeman discuss whether a high-performing employee should be awarded a bonus if the business is at risk of insolvency.

With many employers under significant pressure to cut costs, Moira Campbell outlines some possible options to consider other than reducing staff headcount.

The breakdown of a relationship is a challenging and stressful time, even when you and your partner are on relatively good terms.

There are a number of support services we recommend to help manage the strain which comes with relationship breakdown and the significant changes to your and your children’s circumstances. People often go first to friends and family and then perhaps to a lawyer, counsellor or financial advisor. Many people do not feel comfortable talking to their employer about their circumstances and in this blog, we explore how it can be important from both a personal as well as family law and employment law perspectives.

Equality and diversity training initiatives have received a considerable amount of negative attention recently. In December 2020, the government announced its intention to scrap unconscious bias training for civil servants. Since then, there have been press reports of senior managers allegedly claiming that unconscious bias does not exist and the training is just ‘virtue signalling’ and a waste of money. 

So does this mean employers should now bin their diversity training? I don't believe so.  

6 April 2021 will see the implementation of the biggest reform in the engagement of contractors for decades.  The changes were originally scheduled to come into force on 6 April 2020, but implementation was delayed due to the coronavirus pandemic.  

Last week we reflected on this year’s International Women’s Day theme #ChooseToChallenge and felt the impact of COVID-19 on women in the workplace cannot go without a mention. For the first time in nearly ten years, women’s economic empowerment in the workplace is set to decline according to PwC’s latest Women in Work Index, creating what has been coined a “shecession”, caused largely by the COVID-19 pandemic. 

COVID-19 has had a severely damaging affect on all organisations and no less so those in the charitable sector.  Be that on a dramatic hit to donation levels, resourcing issues through furloughing or redundancies and difficulties in delivering programmes and training.  In a battle to survive and deliver on core services, it is easier than ever to forget crucial internal risk and compliance processes. 

The BBC recently reported that women appear to be bearing the brunt of ageism at work.  According to the UN, the number of people over the age of 65 is growing faster than any other age group and yet ageism is the most common type of discrimination in Europe with women being particularly disadvantaged.

You may be surprised to learn that you are whistleblower and could be entitled to significant compensation. You may also be considering the dismissal of a whistleblower. In each case, things need to be handled very carefully. 

Kirsty Churm explains how employers can best address sexual harassment claims when staff are working remotely and what steps they can take to ensure workers feel safe.

Today will see the start of the UK’s first Race Equality Week (an initiative “to unite organisations and individuals in activity to address issues affecting ethnic minority employees”).  Whilst initiatives like this and, indeed, the UK’s first ever Ethnicity Pay Gap Day (8 January 2021) are very welcome and a cause for celebration and hope in relation to such matters, there is much work yet to be done on the issue of race equality and we cannot afford to be complacent.  The ethnicity pay gap is one aspect of this that still needs to be addressed, despite the recent publicity around it and the increasing pressure on Government to take action.

While working from home and flexible working arrangements have long been available in workplaces, the impact of the COVID-19 pandemic has drastically increased their prevalence in the UK. The Office of National Statistics (“ONS”) reported that in April 2020 46.6% of UK employees did some remote working, in contrast to only 12.3% in 2019. The significant increase in working from home has been mirrored by a booming of “productivity intelligence” software used by employers. In a November 2020 report entitled ‘Technology Managing People’ the TUC found that 15% of workers had seen an increase in employer monitoring since the start of the pandemic. In addition, one in five firms have admitted to implementing or planning to introduce “secret software used to spy on staff”.

As 2020 drew to a close, many people had high hopes for 2021.However, the virulent and unforgiving COVID-19 pandemic has ensured it has not been an easy start to the year for most.

Some senior executives will be looking for a change, others may have fallen victim to one of the rounds of redundancy which have resulted from the pandemic.

On 12 March 2018 the SRA published its warning notice on the use of non-disclosure agreements (NDAs). This was in the wake of the widespread publicity at the time given to NDAs which had been considered too draconian in reach and effect.