Newsletter

 
 

HR Law – April 2020

Welcome to the April edition of HR Law.

 
 

Please click on the links below to view the articles in April's edition of HR Law.

As of 6 April a number of new measures come into force, including the Parental Bereavement Leave and Pay Regulations and the right of all workers to have a written statement of terms of employment.

 
 

The Coronavirus Act has come into force and contains employment measures relating to emergency volunteer leave and statutory sick pay.

 
 

Key measures to support employers, employees and the self-employed during the coronavirus pandemic have been announced.

 

 
 

Untaken leave can be carried over and restrictions have been imposed on the employer's ability to refuse leave on certain days.

 
 

An employee guilty of dishonesty can be disciplined and dismissed even if they are not under a specific duty to report their own wrongdoing.

 
 

It won't be possible for a defendant to be liable for inducing breach of a post-termination restriction if it relies on advice that it was likely that the restrictions were unenforceable.

 
 

The effect of coronavirus is seen in the suspension of gender pay reporting provisions and the postponed introduction of IR35 in the private sector.

 
 

This decision is a huge relief to employers who will be able to avoid vicarious liability by demonstrating that appropriate data protection measures have been implemented.

 
 

To watch partner Nicola Ihnatowicz's podcast on emergency volunteer leave and for links to our latest bulletins click below. 

 
 

Future of Work

In the last few weeks COVID 19 has dramatically changed the way we live and work.  With those that can now working entirely from home, we've seen employers and employees embrace (whether willingly or not) technology to continue working.  Other employers face the stark choice of having to furlough employees or look at other options to save costs for businesses and services affected by the lock down or other social distancing, or simply work which cannot be done remotely.  And at the same time, employers in the health and social care sectors have to try to ensure staff, patient and service user safety while working flat out to manage those at risk and those suffering from the virus. 

For all employers, in the short to medium term the Future Of Work may look very different.  

For the last few weeks of course we've been discussing all the changes to do with COVID 19 and you can find all our latest updates in the 'Have you seen'  section.  If you're not already signed up to receive our updates, you can do so here.  

We're also advising on how to carry on 'business as normal' for those that can, with workforces now disbursed to their homes.  What is best practice on looking after employee wellbeing remotely?  When can we require someone to come in with social distancing measures in place?  How do you conduct a grievance hearing over video?  Is it reasonable to postpone a disciplinary hearing during the lock down?  These are all questions we're being asked.  

Looking forward, the swift adaptation to remote working may have implications for how we live and work in the future.  It's impossible to crystal ball gaze at the moment, but having invested in the technology to enable remote working, will employers continue to embrace flexibility and reduce office space in the future?  Will video conferencing become the new normal?  

In the meantime, we wish all our clients and readers good health and the strength to deal with the current challenges.