SMCR

Employers have a duty to take reasonable care of the health and safety of their staff and this includes those facing such allegations, says Bina Patel

Coronavirus is having a serious impact on businesses and the global economy. Sadly, many businesses have been impacted to the extent that they have or will have to put cost-cutting measures in place. For some individuals this will result in their role being put at risk of redundancy.

You may be surprised to learn that, without realising it, you may be a whistleblower. If you are a manager, you could easily come across a situation in which you are expected to manage (or even dismiss) a whistleblower, without anyone warning you of the dangers. 

In recent weeks, a number of commentators have predicted the “Great Resignation”—a mass exodus of employees leaving their jobs following the wake-up call the pandemic has afforded them. Microsoft research has indicated that almost half of the worldwide workforce is ready to resign this year, with just under 40% of UK and Irish workers saying they are ready to quit. Many have had cause to re-evaluate their careers during COVID and with lockdown restrictions set to ease further, people are considering their options. If the “Great Resignation” is upon us, there are a few things employers and employees should bear in mind.

On 29 March, the UK Government announced that the “Stay At Home” rule was coming to an end (albeit, restrictions still remain in place). Previous guidance required people to stay at home other than for a number of limited exceptions. However, with lockdown easing and certain businesses opening again, are we heading back to the office?

“Freedom Day”, and what it actually means in practice, is not proving to be as straightforward as some had hoped (and arguably as the Government had initially led the business community to believe).  Employers can be forgiven for feeling confused as to what is expected of them and what they should be doing in terms of bringing their employees back into the workplace. We are by no means at the end of the debate, but we summarise below, the latest developments

We have seen examples of people being ‘outed’ for posting racist comments online by individual bystanders who have been able to find their LinkedIn profiles and then contact relevant employers calling for the employee in question to lose their job.  Unfortunately, this is nothing new. But what can an organisation do in these circumstances, if it wants to demonstrate that it stands against racism and discrimination?

With lockdown restrictions moving to “Stage 4” of the Government’s roadmap to recovery, one of the key questions will be what this means with regard to returning to the workplace and, in a recent article, we considered the rights of employees on this issue.

Most disputes between partners of professional services firms are settled either through confidential negotiations or arbitration.  A public resolution of the matter through a full hearing and reported judgment is a rare occurrence. A recent example of such a case involving an ex-partner of a law firm is a useful reminder that it is difficult to challenge profit share or bonus decisions as an irrational exercise of discretion.

In a case that attracted national media coverage and emphasises the crucial importance of regulatory compliance and the highest standards of professional conduct in the financial services sector, the High Court dismissed a breach of contract claim brought by an investment manager.

So the Prime Minister has announced that most restrictions in place due to the coronavirus pandemic will be lifted on 19 July, despite acknowledging that the pandemic itself is far from over and that case numbers are expected to continue rising.   

In recent weeks, it has introduced a formal workplace policy providing paid time off for all staff who are directly or indirectly affected by pregnancy loss. This is not only a significant enhancement to the provisions required by law but is also, I understand, the first of its kind being put in place by a UK law firm. We hope other firms in our sector and beyond will follow suit and normalise protection in this space, thereby supporting the wellbeing of those affected and protecting talent.

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.